the night in their house.
The following day, August 14, she woke up at 6:00
SECOND DIVISION
[G.R. No. 116595. September 23, 1997]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS PALOMA Y GUBATON,
WILLIAM DOE AND CRISTINA AMORSOLO PALOMA, accused-appellants.
DECISION
PUNO, J.:
On January 29, 1992, an information was filed against spouses Jesus and
Cristina Paloma and "William Doe", charging them with Serious Illegal
Detention, committed as follows:
"That on or about and within the period from August 14, 1991 to August 15,
1991, in the City of Legazpi (sic), Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused who are private individuals,
conspiring, confederating and mutually helping one another for a common
purpose, did then and there, wilfully, unlawfully and feloniously detain Rosario
B. Amorsolo, a female, in the following manner: When Rosario B. Amorsolo
was in the house of accused Jesus G. Paloma accused "William Doe" tied her
hands with wire on her back while accused Jesus G. Paloma covered her head
with a knapsack and told her that accused "William Doe" was a policeman
and accused Cristina Amorsolo Paloma asked Rosario B. Amorsolo to sign a
document for the withdrawal of a civil case; and as a consequence thereof
said Rosario B. Amorsolo was deprived of her liberty against her will for a
period aforestated.
"CONTRARY TO LAW."
When arraigned, Jesus and Cristina Paloma pleaded not guilty. "William Doe"
is still at-large.
The prosecution presented the following witnesses:
ROSARIO BALDOZA AMORSOLO is the 71 year old victim and mother of
accused Cristina Paloma. She testified that on August 13, 1991, at 8:00
o'clock in the morning, she was in Banadero, Albay, when Jesus Paloma, her
son-in-law, informed her that Cristina wanted to talk to her. She proceeded to
her daughter's house in Cabangan, Legaspi City and arrived there at 10:00
o'clock in the morning. Cristina was not home and Jesus asked her to wait.
Cristina came home at 7:00 o'clock in the evening but went straight to her
bedroom, followed by Jesus. When Jesus came out of the bedroom, he told
her that Cristina was tired and would talk to her in the morning. She passed
a.m. and waited for her daughter. Jesus told her that Cristina momentarily
went out of the house but would be back soon. She went to the kitchen to
wash her face. Shortly, Jesus came and told her that a man from Banadero
was looking for her. She proceeded to the sala and saw a man she did not
recognize. Suddenly, the man stood up and tied her hands at her back. Jesus
ordered her not to move because the man was a police officer. Jesus then
covered her head with a knapsack. She felt weak and fell on the floor. She
heard Jesus call his son Reynante. When Reynante did not answer, Jesus
himself carried her inside the bedroom. Jesus pushed her on the bed and tied
her feet. She remained inside the bedroom until the next morning. When
Jesus came back, she asked him to let her talk to Cristina. At 9:00 a.m., she
finally talked with Cristina. Cristina asked her to sign a document withdrawing
a land case against them. She refused. She pleaded with them to let her go.
Jesus agreed but warned her against telling her husband about the incident.
They released her at 10:00 a.m. She reported the incident to the police and
then went to the Albay Provincial Hospital. She also filed a complaint with the
barangay court of Banadero.
BIENVENIDO MIRASOL, 68 years old and a resident of Banadero, Albay
testified that he knew the victim, Rosario Amorsolo, because he was renting a
house owned by her. On August 14, 1991, at about 7:00 a.m., he looked for
her to pay his rent. Alfred Manila, his neighbor, told her that Mrs. Amorsolo
was in the house of Jesus Paloma in Cabangan, Legaspi City. He went to
Cabangan to see her. Upon reaching the house of Jesus, he saw that the door
was open. He entered the house and saw Mrs. Amorsolo on a kneeling
position with both hands tied at her back. He rushed out of the house
because he was frightened. When he glanced back, he saw through the
window Mrs. Amorsolo's head covered by a knapsack. He hurriedly took a
jeepney and returned home. He did not report the matter to the police or the
barangay officials. On October 1, 1991, he executed an affidavit relating the
incident before the Commission on Human Rights.
DR. ROGELIO RIVERA testified that on August 15, 1991, he was working at the
Albay Provincial Hospital when he treated Rosario B. Amorsolo for some
injuries. He found a linear reddish discoloration on her right dorsal forearm
which could have been caused by tying a piece of string or wire on it. He also
found contusions on her left shoulder which could have been caused by a fist
blow or any blunt object or instrument applied on the area. He did not find
any mark of rope or string on Mrs. Amorsolo's wrists.
SALVACION ROGNAO, barangay secretary of Barangay 6, Banadero, Legazpi
City, testified that on August 15, 1991, she recorded a complaint (Exhibit "D")
by Mrs. Rosario Amorsolo in the barangay blotter. Mrs. Amorsolo complained
that she was mauled by her son-in-law Jesus Paloma. Upon Mrs. Amorsolo's
instruction, she later amended the complaint to include that Mrs. Amorsolo's
hand was tied behind her back and her head was covered by a knapsack.
The defense presented the following witnesses:
JESUS PALOMA testified that on August 14 and 15, 1991, he was supervising
the construction of his house in Banadero, Legaspi City, although, at that time,
he was still a resident of Cabangan, Legaspi City. He denied tying the hands
of his mother-in-law and covering her head with a knapsack. He revealed that
his mother-in-law was fond of filing cases against him. The instant case is the
seventh (7) one she filed against him. All the cases had been dismissed by
the courts.
CRISTINA AMORSOLO testified that on August 14 and 15, 1991, she was not at
their house in Cabangan but in Legaspi City attending to her jewelry business.
She denied detaining her mother at their house in Cabangan. She said her
mother filed this case to pressure them to surrender a piece of land which is
the subject of litigation between them.
REYNANTE PALOMA, the 24 year-old son of the accused spouses, testified that
on August 14 and 15, 1991, nothing unusual happened at their house.
After the trial, the Regional Trial Court of Legaspi City, Fifth Judicial Region,
Branch 5, presided by Judge Vladimir Brusola, convicted the two accused. The
dispositive portion of the decision reads:
"WHEREFORE, premises considered, decision is hereby rendered finding the
accused JESUS PALOMA Y GUBATON, GUILTY beyond reasonable doubt of the
crime of Serious Illegal Detention as this is defined and penalized under
Article 267(4) of the Revised Penal Code and hereby sentences him to suffer
the penalty of imprisonment of Reclusion Perpetua with all the accessory
penalties attached thereto. The accused CRISTINA AMORSOLO PALOMA is
hereby found GUILTY beyond reasonable doubt as accessory to the crime of
Serious Illegal Detention committed by her husband, co accused Jesus Paloma
y Gubaton and taking into consideration the Indeterminate Sentence Law, she
is hereby sentenced to suffer the penalty of imprisonment of Two (2) years,
Four (4) months and One (1) day of prision Correctional Medium period as the
minimum to Eight (8) years and One day of Prision Mayor Medium period as
the maximum. Both accused are hereby ordered to pay jointly and severally
the offended party Rosario Amorsolo y Baldoza, the amount of P50,000.00 as
moral damages, P20,000.00 as exemplary damages and to pay the costs.
"SO ORDERED."
Hence, this appeal, where the appellants contend that:
"I
THE LOWER COURT ERRED IN FINDING THAT THE EVIDENCE OF THE
PROSECUTION HAS SUFFICIENTLY ESTABLISHED BEYOND REASONABLE DOUBT
THE GUILT OF ACCUSED JESUS PALOMA Y GUBATON AS PRINCIPAL IN THE
CRIME OF SERIOUS ILLEGAL DETENTION DEFINED AND PENALIZED UNDER
ARTICLE 267 OF THE REVISED PENAL CODE AND THAT THE ACCUSED CRISTINA
AMORSOLO PALOMA GUILTY AS ACCESSORY THERETO.
II
THE LOWER COURT ERRED IN RULING THAT ALIBI BEING A WEAK DEFENSE IS
NOT AVAILABLE FOR THE ACCUSED TO PROVE THAT HE WAS NOT AT THE
PLACE OF THE INCIDENT BUT HE MUST ALSO PROVE THAT IT WAS PHYSICALLY
IMPOSSSIBLE FOR HIM TO BE AT THE PLACE OF THE INCIDENT AT THE TIME IT
HAPPENED.
III
THE LOWER COURT ERRED IN RULING THAT JESUS PALOMA DETAINED
ILLEGALLY THE OFFENDED PARTY AND THAT THIS WAS KNOWN TO CRISTINA -
THE VERY DAUGHTER OF COMPLAINANT ROSARIO.
IV
THE LOWER COURT ERRED IN FINDING THAT THE COMPLAINANT IS ENTITLED
TO MORAL DAMAGES AND IN AWARDING EXEMPLARY DAMAGES."
We find merit in the appeal.
Under Article 267 of the Revised Penal Code, serious illegal detention is
committed when the following elements of the crime are present: (1) that the
offender is a private individual; (2) that he kidnaps or detains another, or in
any other manner deprives the latter of his liberty; (3) that the act of
detention or kidnapping must be illegal; and (4) in the commission of the
offense, any of the following circumstances is present: (a) that the kidnapping
or detention lasts for more than 5 days; or (b) that it is committed simulating
public authority; or (c) that any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made; or (d) that the
person kidnapped or detained is a minor, female, or a public officer.
We hold that the lower court erred in finding that the prosecution evidence
proved these elements of the crime of serious illegal detention.
The testimony of Mrs. Amorsolo, the victim herself, is not credible. Her motive
is suspect. Even before the filing of the case at bar, the relationship between
Mrs. Amorsolo and the appellant spouses has already been strained by a
dispute involving a piece of land. The records likewise show that Mrs.
Amorsolo filed a complaint before the barangay of Banadero against Jesus
Paloma on July 16, 1991 which was recorded as follows:
"July 16/91 Brgy. Case No. 020-91
"Mrs. Amorsolo, Rosario- complainant
"Detail of Complaint
"Rosario Amorsolo, 71 yrs., married, a resident of La Purisima, Cam. Sur, who
owns a lot at Banadero, Brgy. #6, Leg. City reported Jesus Paloma, his son-in-
law, a resident of Brgy. #18, Cabangan, Leg. City constructed a house in the
lot of her husband, Federico Amorsolo, inspite of the fact that consent was not
given to him due to said lot had a case.
"Sgd. Rosario B. Amorsolo".
A month later or on August 15, 1991, she filed another complaint before the
barangay of Banadero alleging she was mauled by Jesus Paloma, to wit:
"August 15/91 Brgy. Case No. 021-91
"Mrs. Rosario Amorsolo-complainant
"Complaint 7:00 a.m.
"At on or about 12:00 o'clock noon, Rosario Amorsolo, 71 yrs. married, a
resident of La Purisima, Cam. Sur, presently residing at Banadero, Leg. City
(c/o Mrs. Alfredo Manila) reported that on Aug. 13/91, she was mauled by his
son-in-law (Jesus Paloma) which resulted to her injuries.
"Sgd. Rosario B. Amorsolo".
On the same date, August 15, 1991, she reiterated her complaint before the
Legaspi City police station that she was mauled by accused Jesus Paloma, to
wit:
"1245H- PHYSICAL INJURIES
Rosario Amorsolo Y (sic) Baldosa, 71 years old, married of La Purisima, Nabua,
Camarines Sur, presently residing at banadero (sic) Albay District, Legaspi City
c/o Mr. Alfredo Manila reported that last 13 August 1991 she was mauled by
one Jesus Paloma which resulted to her injuries. Complainant was advised to
submit for medical treatment at Albay Provincial Hospital."
We hold that these events show that the serious illegal detention case against
appellants was merely fabricated by Mrs. Amorsolo. We note that both the
police and barangay blotters reflected her complaint that August 15, 1991 is
the date when she was allegedly mauled. She then charged appellants with
the crime of serious illegal detention. To establish her charge, she caused the
alteration of her August 15, 1991 complaint in the barangay blotter to read as
follows:
"August 15/91 Brgy. Case No. 021-91
"2:00 p.m.
"Mrs. Rosario Amorsolo-complainant
"Complaint 7:00 a.m.
"At on or about 12:00 o'clock noon Rosario Amorsolo, 71 yrs. married, a
resident of La Purisima, Cam. Sur, presently residing at Banadero, Leg. City
(c/o Mrs. Alfredo Manila) reported that on Aug. 13/91, she was tight of a wire
on her hand (sic) (inserted between lines) mauled by his son-in-law (Jesus
Paloma) which resulted to her injuries.
Sgd. Rosario B. Amorsolo
"Irratum: (sic)
And her face was covered by a knapsack and his (sic) shoulders were
swollen."(Amendments emphasized)
Nonetheless, she failed to make similar corrections in her August 15, 1991
complaint to the police as reflected in the police blotter. Consequently, while
the barangay blotter stated that her hands were tied with a wire and her head
was covered by a knapsack, the police blotter merely showed that she was
mauled by appellant Jesus Paloma. Thus, there is reason to believe that the
charge of serious illegal detention was a mere afterthought.
This is not all. Mrs. Amorsolo's unamended complaint before the barangay
appears to have been executed on August 15, at 7 a.m. Yet, she testified as
follows:
ATTY. BERNALES:
"Q: What time was it when you were allowed to go home or set free by the
accused?
"A: I was able to go home at ten.
"Q: From the house of the accused when you were set free at about ten
o'clock where did you go or proceed?
"A: I went to the headquarters.
"Q: Why, what did you do at the headquarters?
"A: I made a complaint.
"Q: After that-- after going to the police, where did you proceed?
"A: I was advised by the policeman to go to the hospital or proceed to the
hospital for check-up as to what happened to me."
"Q: From the hospital where did you proceed?
"A: From the hospital I went to Banadero where I was staying.
"Q: Did you likewise report that to the officials of Banadero?
"A: I also made a complaint with the Barangay Captain but he was not there
so it was the Barangay Secretary who took down my complaint.
If Mrs. Amorsolo was indeed released by appellants at 10:00 a.m. on August
15, 1991, she could not have reported to the barangay at 7:00 a.m. To
remedy this contradiction, she caused a change in the barangay blotter to
show that her complaint was executed at 2:00 p.m.
Witness Bienvenido Mirasol tried to corroborate Mrs. Amorsolo's story. Again,
his testimony should be taken with a question mark. First, he has an undue
interest in the case at bar. He is not only a tenant of the victim but a
prospective buyer of the land disputed by the appellants and the private
complainant. Secondly, his testimony is incredible and inconsistent. His search
for Mrs. Amorsolo on August 14, 1991, just to pay his rent is out of the
ordinary. Indeed, he testified that his custom was to wait for Mrs. Amorsolo to
come and collect the rent:
"ATTY. DE VERA (Counsel for the defense):
"Q: Where do you usually pay your house rentals?
"A: Whenever she goes to Banadero that is the time when we pay our house
rentals?
"Q: Do you usually look for Mrs. Amorsolo everytime you pay your rentals?
"A: No(,) Sir because sometimes she goes to our house.
"Q: And the rest of the times that she does not visit your house how do you
pay the house rentals?
"A: We wait for her.
"Q: You wait for her or she goes to your house? You do not usually look for her
to pay rentals?
"ATTY. BERNALES (Private prosecutor):
"Irrelevant.
"COURT:
Witness may answer.
"A: Look for Mrs. Amorsolo whenever she is around when I learn that she is
around I look for her to pay my house rental."
Similarly strange is Mirasol's testimony that he did not call for help when he
discovered that Mrs. Amorsolo was being held captive inside Jesus' house.
Instead, he went home and waited for two (2) weeks before reporting the
incident to the Commission on Human Rights. Just as eyebrow raising is
Mirasol's testimony that he discovered Mrs. Amorsolo's whereabouts by
entering an open door in Jesus' house. If a crime is being committed inside
Jesus' house, it is unlikely that the door would be left open.
We also hold that the medical findings of Dr. Rogelio Rivera did not confirm
Mrs. Amorsolo's claim that her injuries were caused by the tying of a piece of
wire on her hand, to wit:
"ATTY. BERNALES:
"Q: Will you tell us what possibly caused this injuries?
"A: It could be caused by tying or if you have a bracelet there.
"x x x.
"ATTY. DE VERA:
"Q: Dr. Rivera, you said that one of the findings you stated in the medical
certificate is erythema linear, transverse dorsal 3rd forearm right, which you
said a linear reddish discoloration on the right forearm of the patient. My
question is. (sic) Supposing a person is tied on both hands at the back, would
it not be possible that both arms would manifest linear discoloration?
"A: It depends mam (sic) on the tightness. If it is very tight, both hands. If
it is not so tight - that part wherein there is struggle would manifest linear
discoloration.
"Q: If it is a rope or anything (sic). If your both hands were tied, is it
possible that both arms would manifest linear discoloration?
"A: It is possible.
"x x x.
"x x x.
"Q: Where you able to find any mark of rope or string tied on the wrist?
"A: I did not see any."
We proceed from the assumption that Mrs. Amorsolo's hands were tied with
wire for otherwise she would have escaped from appellants' house. If that
were so, her hands which were tied with wire for almost 24 hours, as she had
alleged in the information, would have borne clear marks and her injuries
would have been more than a reddish discoloration on her right forearm.
Thus, the medical evidence refutes Mrs. Amorsolo's story.
Once more, we reiterate the cardinal rule that criminal cases rise and fall on
the strength of the evidence presented by the prosecution and not on the
weakness of the defense propounded by the accused. The prosecution failed
to present evidence to prove the guilt of appellant spouses beyond
reasonable doubt. Hence, they are entitled to mandatory acquittal.
IN VIEW WHEREOF, the decision of the Regional Trial Court of Legaspi City,
Fifth Judicial Region, Branch 5 in Criminal Case No. 5617 is REVERSED and SET
ASIDE. Appellant-spouses Jesus and Cristina Paloma are ACQUITTED of the
crime charged. No costs.
SO ORDERED.

SECOND DIVISION
[G.R. No. 128629. February 22, 2001]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CAMELO LENANTUD Y
LINAMIN, JOVEN BURLA Y DELFIN, and JOHN DOE, accused,
CAMELO LENANTUD Y LINAMIN and JOVEN BURLA Y DELFIN, accused-
appellants.
DECISION
BUENA, J.:
This is an appeal from the decision of the Regional Trial Court of Valenzuela,
Branch 171, finding accused-appellants Camelo Lenantud y Linamin and Joven
Burla y Delfin guilty of murder, sentencing each to suffer the penalty of
reclusion perpetua, and to indemnify, jointly and severally, the heirs of Teofilo
Tullao the sum of P61,770.00 as actual damages and P50,000.00 as civil
indemnity for the death of the victim, plus costs. The case proceeded only as
against accused Camelo Lenantud and Joven Burla, the third accused having
remained at large. The information against accused-appellants alleged –
“That on or about the 22nd day of November, 1996 in Valenzuela, Metro
Manila and within the jurisdiction of this Honorable Court, the above-named
accused, conspiring together and mutually helping one another, without any
justifiable cause, with treachery, evident premeditation and abuse of superior
strength and with deliberate intent to kill, did then and there wilfully,
unlawfully and feloniously stab one TEOFILO TULLAO y LAGANTIHA, thereby
inflicting upon the said victim serious physical injuries which directly caused
his death.
“Contrary to law.”
Accused-appellants pleaded not guilty, whereupon, trial on the merits ensued.
The prosecution relies mainly on the eyewitness account of Maricel Galban, a
20-year-old waitress working at the Leo and Laring Store located at A.
Bonifacio Street, East Canumay, Valenzuela. Galban testified that on
November 22, 1996, at about 11:30 p.m., she was sweeping outside the Leo
and Laring Store when she noticed three persons ganging up on Teofilo Tullao.
According to Galban, accused-appellants held both hands of Tullao while the
other person, whom she identified as “Ronnie,” stabbed Tullao. Galban
claimed that she was about six (6) arms-length from the place where Tullao
was stabbed and such place was well-lighted. She knew the accused-
appellants and Tullao because they were customers in the store. Galban
continued to testify that when Tullao was stabbed, he struggled and tried to
fight back, and finally fell on the ground. Accused-appellant Lenantud and
“Ronnie” lifted Tullao but when they noticed that he was already dead, they
dropped him back on the ground and ran away. Galban further recalled that
Tullao was not holding any weapon when he was stabbed to death. She also
asserted that she was able to see the bladed weapon used by “Ronnie” in
stabbing Tullao, estimating the same to be six (6) to eight (8) inches in length,
excluding the handle.
On cross-examination, Galban asserted that the stabbing incident occurred at
the Tagarino Store, which is about 10-15 meters away from the Leo and Laring
store where she was working, and insisted that she did not see defense
witness Marilou Cos at the Tagarino Store when the incident happened.
Furthermore, Galban maintained that before the stabbing incident, there was
a “rumble” involving the three (3) accused, Tullao and two (2) companions of
Tullao. According to her, these two (2) companions of Tullao ran away only
after the stabbing incident occurred. Likewise, the three (3) accused ran away
only after Tullao was stabbed.
SPO1 Jesus Sagisi, a member of the Valenzuela Police Station, detailed at the
Station Investigation Division (SID) testified on cross-examination that he went
to the scene of the crime on November 22, 1996, at about 11:35 p.m. with
Police Inspector Christopher Tambungan. When he arrived at the scene of the
crime, the place was already cordoned off. SPO1 Sagisi revealed that he was
able to interview prosecution witness Galban who was then standing in front
of the Leo and Laring Store, which is about seven (7) meters away from
Tagarino Store, the scene of the crime. He observed that from Leo and Laring
Store, he could clearly see what was happening at the Tagarino Store which
was well-lighted. He further testified that Galban recognized and identified
the two (2) accused, Lenantud and Burla, as the perpetrators of the crime
when she appeared at his office the following morning to execute her affidavit.
Dr. Valentin Bernales, a medico-legal officer of the National Bureau of
Investigation, conducted the post-mortem examination on the body of Teofilo
Tullao, and prepared Autopsy Report No. 96-2346 and a certificate of post-
mortem examination showing the following:
“POSTMORTEM FINDINGS
“Pallor and rigidity, generalized.
“Contused-abrasions, reddish: forehead, right side, medial aspect, 0.7 x 0.2
cms.; nose bridge, two (2) in numbers, sizes of 2.0 x 1.0 cm.
“Stab wound, 1.0 cm., elliptical in shape, edges clean-cut with extremities,
inferiorly is sharp and superiorly is contused with an area of contused-
abrasion located above and more on the left, 0.6 cm.; chest, sternal area, left
side, 1.0 cm. From the anterior medial line; directed backward, downward and
medially; involving the sternum, left side; Heart, left auricle to roof of aorta
with an approximate depth of 10.0 cm.
“Hemopericardium, approximately 200 c.c.
“Lung, right, with pleural adhesion.
“Brain and other visceral organs, pale.
“Stomach, ½ filled with partly digested rice and other food materials.
“CAUSE OF DEATH
“Stab wound, chest.
Jeneth Tullao, the victim’s widow, testified on the funeral and burial expenses
amounting to P61,770.00 incurred by her as a result of the death of her
husband.
SPO2 William Haduca, a member of the Valenzuela Police Station, detailed in
the mobile patrol at Police Block 6 in Paso de Blas, Valenzuela, Metro Manila,
testified that on November 22, 1996, at around 11 p.m., after SPO1 Teodoro
Espejo received a telephone call about a stabbing incident in Canumay,
Valenzuela, they proceeded to the place of the incident which was near a
store in A. Bonifacio St., Canumay. Upon reaching the said place, he saw a
man lying prostrate with blood oozing from the mouth, on the chest, nose and
breast. They called a police investigator at the headquarters for him to
investigate, and went back to their office when the investigator arrived. A few
minutes after they arrived in their office, a barangay captain called and
informed them that one of the suspects in the stabbing incident was in his
custody. They proceeded to the place where the barangay captain was and
saw accused Joven Burla with the barangay captain. SPO2 Haduca talked to
Burla and saw a blood stain on Burla’s left foot which the latter immediately
erased with his right foot. Thereafter, SPO2 Haduca apprehended Burla and
presented him to a witness for identification purposes. Together with accused
Burla, they went back to their office where they asked Burla on his
companions’ whereabouts. They proceeded immediately to San Diego, the
place mentioned by Burla. They apprehended the second accused, Camelo
Lenantud, hiding under a bed. However, the third accused, which he came to
know as “Ronnie,” was able to escape.
SPO1 Teodoro Espejo, a member of the Valenzuela Police Station, detailed in
the “Kababayan Center No. 6” in Paso de Blas, Valenzuela, Metro Manila,
substantially corroborated the testimony of SPO2 William Haduca as to the
events that transpired from the time they received a telephone call informing
them of the stabbing incident up to the time they apprehended the accused
Burla and Lenantud.
In their defense, accused-appellants presented Marilou Cos, a 20-year-old
canteen helper at the Tagarino Store, who testified that on November 22,
1996, around 12 midnight, she was at the store serving customers whom she
identified as “Bong, Daniel and Baboy” and another one whom she did not
know. She saw Rony Hueva enter the store to buy cigarettes. When Huerva
left the store, Tullao and his companions also left the store. Because she had
to close the window and door of the canteen, Cos followed them outside the
store where she saw a “commotion” involving “Rony, Bong, Daniel and Joven
Burla.” Thereafter, she saw Tullao’s companions, “Daniel” and “Baboy,” run
away and enter the Leo and Laring Store. She also noticed Lenantud running
down the street. “After the fighting stopped,” she saw Burla leave and go
towards the apartment where he lives. Huerva and Tullao were left standing,
then Huerva got a knife from his belt and stabbed Tullao. Huerva ran away
after stabbing Tullao. Tullao fell down slowly as he was being held by one of
his companions. After Tullao fell down, he was lifted by his companion and
moved a meter away, then was left lying on the ground. Thereafter, policemen
arrived. Cos further testified that she was only about six (6) meters away
from the place where Tullao fell down. When the policemen arrived, they went
inside Tagarino Store and made an investigation. They questioned Cos’
companion Baby and employer Tacing. Afterwards, the policemen went to Leo
and Laring Store. After about five (5) minutes, the policemen then went to the
residence of Huerva, located in front of Tagarino Store. Afterwards, they
proceeded to Ising Store, about 8 to 10 meters away from Tagarino Store. The
policemen went back to Tagarino Store and asked more questions from Cos’
employer. On cross-examination, Cos testified that on November 22, 1996, at
around 7 p.m. until 1:30 a.m. of the following day, she was inside Tagarino
Store with her employer. She went to sleep after staying in the store. On
redirect, however, Cos admitted that she did not sleep after serving at the
store.
In his defense, accused-appellant Joven Burla admitted having been with his
co-accused Huerva and Tullao at the time of the incident but maintained that
he was five (5) meters away from Tullao when he was stabbed by Huerva.
According to Burla, on November 22, 1996, at around 12:00 midnight, he was
with his co-accused Camelo Lenantud and a certain Gary, at the latter’s house
located along Bonifacio Street, East Canumay, Valenzuela, and they were
already intending to leave Gary’s house. His co-accused Huerva followed and
invited them to drink at Leo and Laring Store. Burla, Huerva, Lenantud and
Gary then proceeded to Leo and Laring Store where they stayed for more than
an hour. Afterwards, Huerva went home. Burla invited Lenantud to sleep in
his house. Lenantud had second thoughts so both of them just sat outside
Tagarino Store. A few minutes later, Huerva went out of his house and bought
cigarettes at Tagarino Store. When Huerva came out of Tagarino Store, the
people drinking inside the said store also came out. Lenantud boxed one of
these people and ran away. Thereafter, Burla saw Huerva and Tullao
attempting to fight. Tullao’s companion held him while Burla, on the other
hand, tried to pacify Huerva. Tullao turned and was about to hit Burla so the
latter boxed the former, but missed hitting him. Burla was boxed by Tullao,
was hit on his right hand, and fell. Meanwhile, the person boxed by Lenantud
was brought by one of his companions to Leo and Laring Store. After Burla
fell, he saw Tullao approach Huerva. Huerva got a knife from his belt and
stabbed Tullao. Tullao then fell in front of Burla. Burla saw blood on Tullao’s
lips and shirt. Burla further testified that when Tullao was stabbed by Huerva,
Tullao was with one of his companions who tried to pacify them and aided him
(Tullao) when he fell down. Thereafter, Burla went home and slept. Between
3 and 4 a.m., Burla was awakened by the people outside his house so that he
could be investigated. He went with these people to a billiard hall in Ising
Store. Policemen arrived at the store, saw blood on his left sole, immediately
handcuffed him, and brought him to Paso de Blas where he was further
investigated. Later, he accompanied the policemen to Lenantud’s house but
they did not find him. He was brought to another house. When they went
back to Lenantud’s house, he saw Lenantud already tied hands at his back,
with a belt. Both accused were brought to the vehicle and handcuffed. Burla
insisted that he came to know of the stabbing incident only when they were
being investigated, and he did not know that it was Tullao who was stabbed.
He only learned that Tullao was stabbed when they were already at the
municipal building and Tullao’s wife arrived. Burla further asserted that he
was five (5) meters away when Tullao was stabbed. He did not notice if
Lenantud was nearby when Tullao was stabbed because Lenantud already ran
away. On cross-examination, Burla testified that before Lenantud boxed one of
the people who came from Tagarino Store, they stared at each other first.
The testimony of accused-appellant Camelo Lenantud substantially
corroborated the narration of his co-accused Burla as to the events that
transpired from the time they were at Gary’s house up to the time he ran
away after boxing one of Tullao’s companions. According to Lenantud, he ran
towards his house, located about six (6) meters away. Huerva went to his
house later and told him he (Huerva) would sleep there. Huerva slept at a
bench in Lenantud’s house. Lenantud, on the other hand, slept in his room.
At 5:00 a.m., Lenantud was roused from sleep by the noise outside his house.
He saw policemen holding guns and looking for him. He got scared and hid
under his bed. The policemen pulled him from under the bed, told him to lie
down with his head facing the floor, got his belt and tied his hands at the
back. He was brought with Burla to the police headquarters where he saw
prosecution witness Galban and a certain Daniel, one of Tullao’s companions
at the time of the incident. Galban and Daniel pointed to him as one of those
involved in the stabbing of Tullao. Lenantud further testified that it was only in
the precinct that he learned for the first time that a person was stabbed. On
cross-examination, accused-appellant Lenantud explained that he hid under
the bed because he was afraid that the policemen holding guns might fire at
him.
On rebuttal, the prosecution recalled eyewitness Maricel Galban.
After considering the evidence presented during the trial, the court a quo, on
March 24, 1997, found both accused-appellants guilty of the crime of murder.
The dispositive portion of the judgment reads:
“WHEREFORE, finding accused CAMELO LENANTUD y LINAMIN and JOVEN
BURLA y DELFIN Guilty beyond reasonable doubt of the offense charge[d],
they are hereby sentenced each to suffer the penalty of RECLUSION
PERPETUA with the corresponding accessory penalties prescribed by the law
and to pay the proportionate costs.
“Accused are hereby ordered to pay jointly and severally, the heirs of the
victim Teofilo Tullao the sum of P61,770.00 the expenses incurred for funeral,
burial and wake of deceased Teofilo Tullao and to indemnify the heirs the sum
of P50,000.00.
“SO ORDERED.”
In arriving at its verdict, the trial court found the prosecution’s version to be
“more believable.” According to the trial court, “xxx. [p]rosecution eyewitness
Maricel Galban appeared and sounded credible and her credibility is reinforced
by the fact that she has no reason to testify falsely against the accused.
There was no evidence of any fact or circumstance from which it could be
reasonably inferred that she falsely testified or she was actuated by an
improper motive. xxx.” The trial court was likewise persuaded that “… the
concerted acts of accused Cameo [Camelo] Lenantud, Joven Burla and Ronnie
Huerva is a clear indication of community of design to kill the victim Teofilo
Tullao who was in no posiition (sic) to flee and/or defend himself. It was
convincingly show[n] that while Ronnie Huerva was stabbing Teofilo Tullao,
accused Camelo Lenantud and Joven Burla were holding the victim on both
arms, a means employed that gives (sic) victim Teofilo Tullao no opportunity to
defend himself or to retaliate. Treachery was in attendance.” The trial court
discarded the testimony of defense witness Marilou Cos as replete with
contradictions and tainted with inconsistencies. The trial court elaborated
thus:
“Doubt is created in the mind of the Court in the testimony of defense witness
Marilou Cos. She categorically testified in the cross-examination that she
slept at 1:30 a.m. after tending to the sari-sari store at the Tagarino’s Store.
Realizing probably that it run (sic) counter to her previous narration, she
conveniently changed her testimony and said she did not go to sleep
immediately at 1:30 a.m. This witness testified that she served customers
Bong, Daniel and Baboy in the canteen on November 22, 1996 at 12:00
midnight. That she served the canteen up to 2:00 in the early morning. She
also stated that she was attending the sari-sari store up to 1:30 a.m. These
inconsistencies and self-contradictions committed by the said witness greatly
affect her credibility. Moreover, why did she not present herself to the police
at the time of the investigation and gave (sic) statement of what she had
witnessed.”
In this appeal, accused-appellants raise the following errors:
1. The trial court erred in adopting the version of prosecution witness Galban.
2. The trial court erred in holding that there was treachery.
3. The trial court erred in holding that there was conspiracy.
4. The trial court erred in not adopting the version of the defense.
5. The trial court erred in finding herein accused-appellants guilty beyond
reasonable doubt.
6. The trial court erred in imposing civil liabilities against herein accused-
appellants.
The appeal has no merit. After a careful review of the evidence and the
records of this case, we find no reason to disturb the findings and conclusions
of the trial court. “Well-settled to the point of being elementary is the doctrine
that on the issue of credibility of witnesses, appellate courts will not disturb
the findings arrived at by the trial court, which was certainly in a better
position to rate the credibility of the witnesses after hearing them and
observing their deportment and manner of testifying during the trial. This rule
stands absent any showing that certain facts and circumstances of weight and
value have been overlooked, misinterpreted or misapplied by the trial court
which, if considered, would affect the result or outcome of the case.”
In the case at bar, accused-appellants question the credibility of prosecution
witness Maricel Galban mainly due to the alleged inconsistencies in the
affidavit she executed and her testimony in open court, e.g., Galban testified
in court that accused-appellants held Tullao’s arms while Huerva stabbed
Tullao, but in her affidavit she stated that only accused Lenantud held Tullao’s
right arm while Burla was behind Tullao.
The contention is untenable. “The infirmity of affidavits as a species of
evidence is a common occurrence in judicial experience. Affidavits are
generally not prepared by the affiants themselves but by other persons who
used their own language in writing the statements. Being ex parte, they are
almost always incomplete and often inaccurate, but these factors do not
denigrate the credibility of witnesses. As such, affidavits are generally
considered to be inferior to testimony given in court.”
The alleged inconsistencies between the affidavit and testimony of Galban are
minor and do not affect her credibility as a witness. They merely show that
her affidavit is incomplete with respect to certain details that do not in any
way detract from the overall veracity of her testimony. As we ruled in People
vs. Alfeche, “xxx. Neither inconsistencies on trivial matters nor innocent
lapses affect the credibility of a witness. On the contrary, they may be
considered badges of veracity or manifestations of truthfulness on material
points in the testimony. Put in another way, minor inconsistencies even tend
to strengthen rather than weaken the credibility of a witness because they
erase any suspicion of rehearsed testimony. xxx.”
The prosecution evidence which rests mainly on the testimony of Maricel
Galban, is credible, reliable and trustworthy. Galban testified in a
straightforward, spontaneous and candid manner and never wavered even on
cross-examination and rebuttal. The inconsistencies in her testimony are
minor which tend to buttress, rather than weaken, the conclusion that her
testimony was not contrived.
Anent the second assigned error, accused-appellants contend that the trial
court erred in holding that there was treachery. They argue that the
prosecution failed to show that accused-appellants deliberately and
consciously adopted the manner of executing the crime and insist that the act
was done at the spur of the moment. It is further asserted that since there
was a commotion before the stabbing incident, Tullao must have been
forewarned of the impending danger.
Again the contention is without merit. Treachery is committed when two
conditions concur, namely, that the means, methods, and forms of execution
employed gave the person attacked no opportunity to defend himself or to
retaliate; and that such means, methods and forms of execution were
deliberately and consciously adopted by the accused without danger to his
person. In the instant case, these requisites were evidently present, as
Huerva, without any warning, stabbed Tullao, while accused-appellants
Lenantud and Burla were holding the arms of Tullao. The suddenness of the
actions of the accused-appellants and the obvious helplessness of the victim
provided no opportunity for the latter to defend himself.
The third assigned error fails to impress us. Accused-appellants submit that
“[t]he conclusion of conspiracy must fall, for the prosecution failed to show
actual agreement between the parties to commit the crime. Neither was
concerted action sufficiently proven, as again, herein accused deny any
participation in Bong’s [Tullao] stabbing by Huerva as they were far away from
Huerva when he acted alone.”
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. “To establish
conspiracy, two or more persons must be shown to come to an agreement
concerning the commission of a felony. It is not, however, necessary that
direct proof be adduced to establish such agreement. It can be inferred from
the acts of the accused which clearly manifest a concurrence of wills, a
common intent or design to commit a crime. If it is proved that two or more
persons aimed by their acts towards the accomplishment of the same
unlawful object, each doing a part so that their acts, though apparently
independent, were in fact connected and cooperative, indicating a closeness
of personal association and concurrence of sentiment, then a conspiracy may
be inferred.” In the case at bar, the prosecution proved that accused-
appellants were holding both arms of Tullao when Huerva stabbed Tullao.
Conspiracy is thus evident from accused-appellants' collective and individual
acts which demonstrated the existence of their common design to kill the
victim.
As regards the fourth assigned error, accused-appellants claim that the trial
court should have been given credence to the testimony of defense witness
Marilou Cos. We reiterate the rule that findings of fact of the trial court
pertaining to the credibility of witnesses command great weight and respect
since it had the opportunity to observe their demeanor while they testified in
court. As stated at the outset, we find no reason in this case to depart from
this established rule. Furthermore, accused-appellants rely heavily on their
denial and alibi. This Court has consistently ruled that alibi is the weakest of
all defenses, and for it to prosper the accused has the burden of proving that
he was not at the scene of the crime at the time of the commission and that it
was physically impossible for him to be there. In the case at bar, the defense
failed to satisfy these requirements. Moreover, in light of the positive
identification of accused-appellants as the perpetrators of the crime, their
defense of alibi and denial cannot be sustained.
In view of the foregoing discussion, the fifth contention that the trial court
erred in finding accused-appellants guilty beyond reasonable doubt need not
be discussed.
As regards the last assignment of error, accused-appellants assert that the
trial court erred “…in awarding actual damages of P61,770.00 since the same
was not proven by competent proof and on the best evidence available, but
based on the mere testimony of [the] victim’s wife.”
The contention is partly meritorious. Exhibits C and C-1 are mere photocopies
but their admission under the best evidence rule has not been demonstrated,
hence their admission is indeed objectionable. Objection to documentary
evidence must be made at the time it is formally offered, not earlier. In the
instant case, a written objection to the formal offer of evidence was filed by
accused-appellants, contrary to the submission of the Solicitor General.
Accused-appellants objected to the admissibility of the said documents when
they were formally offered on the ground that the original copies were not
produced. Exhibits C and C-1 are therefore, inadmissible.
On the other hand, Exhibits D, D-1, D-2, and D-3 appear to be an itemized list
of the expenses incurred during the wake of the deceased, admittedly
prepared by the widow of the deceased. The widow testified that she
personally incurred all the expenses listed therein. In this instance, the best
evidence rule does not apply because the subject of the inquiry is not the
contents of a particular document. The prosecutor admitted in court the
absence of receipts for the enumerated expenses, thus:
“xxx xxx.
ATTY. MIRAVITE: (To the witness)
Q: And do you have receipts of all the items listed?
FISCAL RAZON:
We admit that we have the list in so far as the itemized list of
expenses is concerned.
xxx xxx.”
The testimony of the widow suffices to prove that she personally incurred all
the expenses listed therein, minus the amount allegedly paid to the
Valenzuela Memorial Homes, which was not sufficiently proven, as explained
earlier.
All told, the crime of murder perpetrated by accused-appellants was
established beyond reasonable doubt by the prosecution's evidence and
witnesses. The imposition of the penalty of reclusion perpetua on accused-
appellants is mandated under Article 248 of the Revised Penal Code, as
amended.
IN VIEW OF THE FOREGOING, the decision of the Regional Trial Court of
Valenzuela, Branch 171, in Criminal Case No. 5935-V-96 finding accused-
appellants CAMELO LENANTUD y LINAMIN and JOVEN BURLA y DELFIN guilty
beyond reasonable doubt of the crime of murder as defined and penalized
under Article 248 of the Revised Penal Code, as amended by R.A. No. 7659, is
AFFIRMED, subject to modification as to the award of actual damages. As
modified, the award of P61,770.00 for actual damages is substituted with the
award of P44,770.00 as actual damages plus P50,000.00 as civil indemnity for
the death of Teofilo Tullao, which accused-appellants shall pay, jointly and
severally, to the heirs of the victim.
SO ORDERED.

FIRST DIVISION
[G.R. No. 119332. August 29, 1997]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JACK SORREL y VILLAR,
accused-appellant.
D E CI S I O N
VITUG, J.:
Teofilo Geronimo y Nicolas is a 64-year old businessman engaged in the sale
of heavy equipment and spare parts with an office in the JLB building at the
corner of Ronquillo and P. Gomez streets, near the Quiapo central area, where
he would earn around P20,000.00 a month. In the morning of 07 November of
1988, while walking along Paterno street on his way to the office, he was held
up and shot to death. The bullet hit the posterior region of his head which
lacerated his brain and caused abrasions on the right forehead. The slug, from
a .38 caliber gun, was recovered in his cranial cavity. The muzzle of the gun
must have been poised only about twenty-four inches from his head.
Charged with, and later convicted for, the commission of the crime was Jack
Sorrel y Villar.
Sorrel now appeals from the decision of the Regional Trial Court (“RTC”) of
Manila, Branch 28, finding him guilty beyond reasonable doubt of the special
complex crime of robbery with homicide under paragraph 1 of Article 294 of
the Revised Penal Code. The trial court has imposed on him the penalty of
reclusion perpetua and ordered him to indemnify the heirs of the victim in the
amount of P50,000.00 and to reimburse to them the amounts of P40,000.00
taken from the victim and P30,000.00 spent by the family for his wake and
cremation.
Sorrel pleaded not guilty to the charge. From the records, the following
statement of facts and events could be gathered.
Evidence for the Prosecution. -
Benito de la Cruz, the 34-year old eye-witness for the prosecution, testified
that at about ten o’clock in the morning of 07 November 1988, he was just
across the Villagracia Pawnshop in Paterno Street, waiting for the jewelry
repair shop of a certain "Mang Roy" to open, when he noticed a man, whom
he subsequently identified to be appellant Sorrel, with two other persons just
standing ostensibly to while away the time in front of the pawnshop. After a
few moments, he saw a man, whom he later found out to be Teofilo Geronimo,
passed by. From a distance of approximately four (4) meters, Benito, through
a gap between cars, saw appellant suddenly pull out a gun and heard him tell
Geronimo, “Ibigay mo na lamang sa akin ang iyong bag.” When Geronimo
refused, appellant warned, “Akin na, iyang bag mo, kung hindi mo ibibigay sa
akin, papatayin kita.” Geronimo held on to his clutch bag. Then, the sound of
gunshot reverberated. Geronimo fell and hit the pavement in front of the
Villagracia Pawnshop. Appellant took the clutch bag and walked away with his
two companions “as if nothing (had) happened.”
Soon, people started to gather around the lifeless body of Geronimo. When
the police arrived, Benito was among those questioned about the incident. At
11:30 that morning, he executed a sworn statement at the Western Police
District (“WPD”) headquarters. The following day, the picture of the victim
lying on his belly appeared in the People’s Journal. A few days later, Benito
saw in an issue of the same morning daily the picture of appellant who was so
described in the news item as a member of the "Dugo-Dugo" gang.
Recognizing appellant to be the man who killed Geronimo, Benito went to
Police Station No. 5, along U.N. Avenue, and informed Pat. Nestor Napao-it
that the killer of Geronimo was at the Quezon City jail. Brought to the Quezon
City jail, Benito identified appellant among those who were behind bars.
Pat. Napao-it said that he had received the report on the shooting incident
through a telephone call from Pat. Ramon de la Cruz of the mobile patrol.
After informing their chief, P/Capt. Reynaldo Jaylo, of the report, Pat. Napao-it
went to the crime scene with Pat. Habalo. The two police officers found the
victim still slumped on the pavement. The victim was identified by a relative.
Benito de la Cruz gave an eyewitness account of the incident. The
investigators were informed that the victim had just withdrawn some cash
from the PCIBank branch near the Quiapo Church. Pat. Napao-it invited Benito
to the police headquarters for a sworn statement. He forwarded his advance
information report to the Follow-up Unit which had received, a few days after
the incident, an information that appellant was arrested by the Quezon City
police. Benito identified appellant at the Quezon City jail to have been
Geronimo’s assailant.
Cpl. Jesus Faller learned, on 19 November 1988, that Benito had identified
Geronimo’s assailant through an item in a morning daily. He accompanied
Benito to the Quezon City jail where the latter pointed to appellant who was
inside a jail cell with six other detained persons. Pat. Faller went back to the
WPD headquarters with Benito to prepare a written request to the Quezon City
Police that appellant be “lent” to the Homicide Section of the WPD. There, the
police took the additional statement of Benito.
Allan Bautista went to the WPD headquarters on 13 November 1988. He
executed a sworn statement on 23 November 1988 describing one of the
holduppers as “medyo mistiso.” He identified appellant from among the
detainees at the WPD headquarters to be the “holdupper” who grabbed the
clutch bag of Geronimo. Cpl. Faller likewise prepared a progress report on the
case.
Evidence for the Defense. -
The defense interposed denial and alibi.
Defense witness Manuel Tuason Sajul, 19 years of age, claiming to be the best
friend of appellant, testified that appellant was with him at 16 Jackie Kennedy
Street corner Road 20, Project 8, Quezon City, at about ten o’clock of 07
November 1988. Appellant had been there with his daughter Jenny since 8:30
in the morning waiting for their balikbayan relative, a certain Ate Alice (Alicia
Campos), to arrive. The whole day was spent planning for a family reunion for
their Ate Alice who arrived at one o’clock in the afternoon.
Appellant, 44 years old, said that he was a contractor, likewise engaged in the
"buy and sell" of appliances, aside from being a part-time movie actor. At
8:30 in the morning of 07 November 1988, he attended a family reunion in the
house of Andres Sajul in No. 16, Jacqueline Street, Project 8, Quezon City. He
was arrested, along with his distant relative, Rogelio Sajul, at 8:30 in the
morning of 16 November 1988 near the YP Cinema in Sucat, Parañaque, by
Patrolmen Actibo, Molina and Balana of the Quezon City Police District. The
two were dragged to an “owner-type” vehicle, blindfolded and handcuffed,
and brought to a "safehouse" in Quezon City where they were coerced into
admitting things they supposedly could not even understand. Appellant was
later brought to the WPD headquarters where he was again subjected to
various forms of maltreatment after refusing to admit his having killed
Geronimo. Appellant came to know prosecution witness Benito de la Cruz for
the first time only when the latter testified against him in court. He did not
notice at any time the presence of Benito at the Quezon City jail.
Teresita Bautista Ocampo, a 60-year-old widow, testified that she knew both
Benito, a faith healer and an acquaintance, and appellant whom she got to
know through a certain Dado. When Benito saw the witness “going out” with
appellant, Benito became jealous of him.
Appellant's wife, Josefina Dulzo, learned about her husband's arrest on 17
November 1988. Immediately, Josefina went to the police precinct. She saw
him with a blackeye and an injured shoulder. Policemen Balajunda, Actibo and
Molina told her that if she would be able to come up with P100,000.00, the
police would not pursue the case against her husband.
Decision of the Trial Court. -
On 03 October 1994, the trial court rendered its assailed judgment in Criminal
Case No. 88-68508 which concluded:
"WHEREFORE, finding the accused, Jack Sorrel, guilty beyond reasonable
doubt of the felony of robbery with homicide as defined and penalized under
par. 1, Article 294, as amended, of the Revised Penal Code, he is hereby
sentenced to suffer the penalty of reclusion perpetua.
"He shall indemnify the heirs of the victim, Teofilo Geronimo, in the sum of
P50,000.00 for his life, the sum of P40,000.00, the amount of money taken
forcibly from the victim, and the further sum of P30,000.00 as reimbursement
for the wake and cremation expenses for the deceased. The accused shall
pay the costs."
Hence, the appeal.
Appellant contends that the trial court has erred in giving credence to the
testimony of the prosecution's "star witness" (Benito de la Cruz) while
completely discarding the evidence for the defense and in finding him guilty
beyond reasonable doubt of the crime of robbery with homicide. He avers
that, even if guilty, he could only be held liable for the crime of homicide. In
impugning the credibility of Benito de la Cruz, appellant points to the
discrepancies between the sworn statement Benito has given to the police
investigators and his testimony before the Court.
Judicial experience quite often reminds us that affidavits taken ex-parte simply
leave too much to be desired. Almost invariably, sworn declarations are
incomplete and inaccurate. It could well be since statements in an affidavit,
not testified to at the trial, are mere hearsay evidence and have no real
evidentiary value. And, unlike an affidavit where only the declarant is normally
involved in its execution, testimonial evidence exposes the witness not only to
detailed examination by counsel for the proponent but also to severe cross-
examination by the adverse party. It is at the witness stand where witnesses
are tested on the veracity of their averments. Explainably, testimony in court
is that which really counts in weighing the evidence.
The conviction for robbery with homicide requires the prosecution to firmly
establish these elements: (a) The taking of personal property is perpetrated
by means of violence or intimidation against a person; (b) the property taken
belongs to another; (c) the taking is characterized by intent to gain or animus
lucrandi; and (d) on the occasion of the robbery or by reason thereof, the
crime of homicide, here used in its generic sense, is committed. The law does
not require that the property taken should be specified with particularity. As
long as there is apoderamiento of personal property from another against the
latter's will through violence or intimidation, with animo de lucro, robbery is
the offense imputable to the offender.
If the victim is killed on the occasion or by reason of the robbery, the offense
is converted into the special complex crime of robbery with homicide under
Article 294(1) of the Revised Penal Code. All those who conspired to take part
in the robbery may be held guilty as principals of the crime of robbery with
homicide although they do not actually take part in the homicide unless it is
clearly shown that they have endeavored to prevent the homicide from being
likewise committed. There is nothing in the records to show that appellant,
even assuming him not to be the gunwielder, has prevented or tried to
prevent the killing of Geronimo. Granting that only one of the “hold-uppers”
has carried a gun and that it could have been a cohort, being inconsequential,
the result would have still been the same.
Appellant would urge that he should be held guilty only of homicide because
the exact amount taken from Geronimo was not clearly proven. The fact of
the matter was that appellant had taken the clutch bag of Geronimo against
the latter's will. Under the law, the clutch bag, which the victim held on that
would unfortunately caused his life, was itself unquestionably an item of
personal property. In any event, the trial court's findings on this score could
not be said to be entirely baseless.
Appellant, in assailing the credibility of Benito, asseverates that while he
claims to be engaged in the purchase and sale of jewelry, he actually has only
been a fake faith healer. To appellant, a person who can lie about his job
cannot be trusted on the witness stand. The law does not see it that way.
Under the Rules, a person is qualified and competent to be a witness if (a) he
is capable of perceiving and (b) perceiving, he can make his perception
known. Unless disqualified, such a person would be capable of testifying. In
consonance with the modern trend to broaden the field of competency of
witnesses and to restrict that of incompetency, even a person convicted of a
crime or one who has a pending criminal case is not by that alone disqualified
from testifying.
The fact that the judge who has penned the decision is not the trial judge who
has heard the case does not render the judgment necessarily assailable. It is
axiomatic that a judge who did not hear a case may write the decision based
on the record of the case. The continuity of the court and the efficacy of its
decision is not adversely affected by the death, resignation or cessation from
the service of the judge presiding over it nor by the fact that its writer merely
has taken over from a colleague who presided at the trial absent a clear
showing of grave abuse of discretion in the factual findings reached by him.
Neither might appellant's alibi bail him out of conviction. He utterly failed to
prove by a convincing account that it was physically impossible for him to be
at the crime scene at the crucial time. For alibi to be credible, the accused
should not only prove his presence at another place at the time of the
commission of the offense but he should also demonstrate that it would have
been physically impossible for him to be at the scene of the crime at that
time. As the trial court so observed, Project 8 in Quezon City could just be an
hour's ride from Quiapo. Moreover, alibi supported by friends and relatives,
like appellant's alibi, would normally deserve the barest evidentiary weight.
And in the face of appellant's positive identification by Benito de la Cruz, his
alibi easily would disintegrate.
The amounts awarded by the trial court would appear to have been
substantiated. Exhibit M-3 would show a withdrawal of P40,000.00 from the
PCIBank in just a matter of minutes before the robbery had taken place. The
claim for expenses for the wake and cremation of P30,000.00 was testified to
by the victim's son-in-law. The loss of the receipts showing such expenses
was sufficiently explained to have been due to the confusion during the last
rites for the victim. The Court sees no cogent reason to reverse the findings of
the trial court.
WHEREFORE, the decision appealed from is hereby AFFIRMED in toto. Costs
against appellant.
SO ORDERED.

Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 101004 March 17, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
RAUL PONFERADA AND EDUARDO BELTRAN (AT LARGE), accused,
RAUL PONFERADA, accused-appellant.
The Solicitor General for plaintiff-appellee.
Public Attorney's Office for accused-appellant.
CAMPOS, JR. J.:
This is an appeal from the decision * of the Regional Trial Court, Branch 8,
Eighth Judicial Region, Palo, Leyte, convicting accused-appellant Raul
Ponferada of violating Article II, Section 4 of Republic Act No. 6425, as
amended, otherwise known as the Dangerous Drugs Act of 1972.
On August 31, 1989, the City Prosecutor filed the following information
accusing Eduardo Beltran and Raul Ponferada of Violation of Article II, Section
4 of Republic Act No. 6425, as amended:
That on or about the 11th day of July, 1989, in the City of Tacloban, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused,
conspiring, confederating and mutually helping one another, did then and
there wilfully, unlawfully and feloniously sell, deliver or distribute Six (6) sticks
of marijuana cigarettes valued in the amount of Twenty (P20.00) Pesos to a
Narcom Informant, the said marijuana cigarettes, being a prohibited drug.
CONTRARY TO LAW. 1
On October 18, 1989, a warrant for the arrest of the two accused was issued. 2
Said warrant was however not served and this case was archived until such
time that the accused can be arrested. 3
On January 26, 1990, an alias warrant of arrest was issued. 4
Accused Raul Ponferada was arrested on March 15, 1990 and detained at the
Tacloban City Jail as per return by Major Edwin y Barlongay. 5 Accused Eduardo
Beltran remained at large.
Upon arraignment, accused Raul Ponferada, assisted by his counsel, pleaded
not guilty to the offense charged in the information. 6
Trial ensued only as against accused Raul Ponferada.
The prosecution presented the following as witnesses: Constable First Class
(CIC) Pruz Mallari, the poseur-buyer; Sgt. Romeo Rabuya, the team leader and
Captain Liza Sabong, the forensic chemist. On the other hand, accused Raul
Ponferada was the lone witness for the defense.
As gathered from the testimonies of prosecution witnesses Sgt. Rabuya and
CIC Pruz Mallari, it appears that on or about 3:00 o'clock in the afternoon of
July 11, 1989, Major Edwin Barlongay, commanding officer of the Narcotics
Command, received a report from their confidential informant that a certain
alias "Raul" and a certain alias "Boyet" are active in selling marijuana at the
PHHC Seaside, Tacloban City. 7
Major Barlongay then formed a team, headed by Sgt. Romeo Rabuya, to verify
the report. 8 Also part of said team was CIC Pruz Mallari. At 4:00 o'clock in the
afternoon of the same day, the team and the confidential informant
proceeded to the PHHC, Seaside, Tacloban City, to conduct a buy-bust
operation 9 with CIC Pruz Mallari acting as the poseur-buyer.
CIC Pruz Mallari who acted as poseur-buyer testified that upon arriving at the
PHHC Seaside, Sgt. Rabuya and the civilian informer positioned themselves
somewhere while he was looking for the suspect alias "Boyet". He was able to
find alias "Boyet" more or less six (6) to ten (10) meters from where his
companions were. There were tall plants that obstructed his vision. He was
introduced by the civilian informer to alias "Boyet" with the former informing
the latter that he was interested in buying marijuana sticks. When asked how
much, he said he was willing to buy twenty pesos (P20.00) worth. He gave
P20.00 to alias "Boyet". 10 Alias "Boyet" left towards the direction of Tacloban
aboard a motorcycle. Later, alias "Boyet" arrived together with alias "Raul".
Alias "Raul" was about three (3) meters away from where he and alias "Boyet"
were conversing. 11 After receiving the sticks of marijuana cigarettes, he gave
the pre-arranged signal of scratching his head with his right hand. Thereafter,
his companions and Sgt. Rabuya immediately approached them. Sgt. Rabuya
informed alias "Boyet" and "Raul" that they are being arrested because of
selling illegal drugs. 12 However, alias "Boyet" thrust his bolo at Sgt. Rabuya
but the latter was able to parry it. Alias "Boyet" and Alias "Raul" ran away. At
that time, he did not know the complete names of Alias "Boyet" and alias
"Raul" It was only after inquiring from the accused's neighbors did he come
to learn that alias "Boyet" is Eduardo Beltran while alias "Raul" is Raul
Ponferada. 13
On the other hand, Sgt. Rabuya testified that it was alias "Raul" or Raul
Ponferada who transacted with the poseur-buyer. It was also alias "Raul" who
tried to stab him. He saw CIC Mallari approach alias "Raul" who, after a short
conversation, handed the marked money to the latter. After receiving the
money, alias, "Raul" boarded a tricycle and left to the direction of where his
"barkadas" were standing which was more or less fifty (50) meters away from
where CIC Mallari was. 14 At that instance, he followed alias "Raul" with his
motorcycle but halted at about ten (10) meters away from where alias "Raul"
stopped. 15 There he saw alias "Raul" giving the marked money to alias
"Boyet". The two then went back on board a motorcycle to where CIC Mallari
was waiting. Alias "Raul" gave the six (6) sticks of marijuana cigarettes to CIC
Mallari, afterwards the latter made the pre-arranged signal. He immediately
rushed to scene of the transaction and tried to effect the arrest of the two
suspects. However, alias "Raul" drew his pointed dagger, aimed it at him but
he was able to parry it. Thereafter, alias "Raul" and alias "Boyet" fled. He
received the six (6) sticks of marijuana cigarettes from CIC Mallari. 16 Like CIC
Mallari, he came to know of the names of alias "Raul" and alias "Boyet" only
from their neighbors.
Accused-appellant has a different version of what transpired on July 11, 1989.
He testified that he was a fish vendor at the Old Tacloban Supermarket. At
about 3:00 o'clock in the afternoon of that day, he was at the PHHC Seaside,
around 200 meters from the National Highway. He had just delivered fish to
one Elvira Price. While waiting for a motorcycle to take him back to the
supermarket, he was approached by one Sgt. Rabuya who inquired from him
whether he knew a person in the name of Eduardo Beltran. He said he did.
While conversing with Sgt. Rabuya, Eduardo Beltran passed by but ran away
upon being approached by Sgt. Rabuya. Sgt. Rabuya fired his gun and
followed Eduardo Beltran to the house of the latter's father-in-law which was
100 meters away from where they were. Not finding him there, Sgt. Rabuya
returned to the accused and invited the same to the police headquarters for
questioning. After which, Sgt. Rabuya sent him home. He knew Eduardo
Beltran because the latter married a woman from PHHC which place he has
resided until 1987. 17 On March 1, 1989, while doing his job at the
Supermarket, he was fetched and brought to RTC Stage, the Narcom office, by
a certain Booting, a civilian informant. This was at the instance of Sgt. Agner,
Sgt. Rabuya and CIC Mallari were not at the Narcom office. He was then
placed in jail and was ordered to stay there because Eduardo Beltran has not
yet been arrested. 18
From the foregoing testimonies, the trial court, on December 7, 1990,
rendered its decision finding accused Raul Ponferada guilty beyond reasonable
doubt of the offense charged, the dispositive portion of which reads as follows:
WHEREFORE, in view of the foregoing, the accused, Raul Ponferada is found
guilty beyond reasonable doubt of delivery of six (6) sticks of marijuana
cigarettes, a prohibited drug, Article II of Republic Act No. 6425, as amended,
and hereby sentences him to suffer life imprisonment as well as to pay a fine
of TWENTY THOUSAND PESOS (P20,000.00) without subsidiary imprisonment,
in case of insolvency. (As amended P.D. 1675, Feb. 17, 1980).
He shall be credited with the preventive imprisonment undergone by him
subject to the conditions prescribed by Article 29 of the Revised Penal Code,
as amended.
SO ORDERED. 19
Aggrieved by the trial court's decision, accused Raul Ponferada comes to Us
alleging the following assignment of errors: 20
I
THE TRIAL COURT ERRED IN GIVING WEIGHT AND CREDENCE TO THE
CONTRADICTING TESTIMONIES OF THE PRINCIPAL PROSECUTION WITNESSES
IN IDENTIFYING ACCUSED RAUL PONFERADA.
II
THE TRIAL COURT ERRED IN CONVICTING ACCUSED RAUL PONFERADA
DESPITE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND
REASONABLE DOUBT.
Accused-appellant assails the credibility of prosecution witnesses Sgt. Rabuya
and CIC Mallari for their failure to identify him with certainty. He contends that
the testimonies of the two principal government witnesses are diametrically
opposed in identifying him. Sgt. Rabuya claimed that it was accused Raul
Ponferada or alias "Raul" who made the transaction with CIC Mallari while on
the other hand, CIC Mallari testified that it was Eduardo Beltran or alias
"Boyet" who sold to him the six (6) sticks of marijuana cigarettes. 21
We agree with the accused-appellant's contention.
This Court has laid down the rule that although it ordinarily relies on the
factual findings of the trial court, recognizing its superior competence to
assess the credibility of the witnesses through direct observation of their
manner on the stand, 22 this policy will not be applied where the prosecution
has not sufficiently established the guilt of the accused-appellant to the point
of overcoming the constitutional presumption of innocence in his favor. 23 We
find this doctrine to be very much applicable in the case at bar.
In People vs. Dekingco, 24
this Court held that:
. . . In order to sustain conviction for selling prohibited drugs, the element of
sale must be unequivocally established. Also, what the law proscribes is not
only the act of selling but also, albeit not limited to, the act of delivering. The
commission of the offense of illegal sale of marijuana required merely the
consummation of the selling transaction. What is important is that the poseur-
buyer received the marijuana from the accused.
In the case at bar, poseur-buyer CIC Mallari identified Eduardo Beltran alias
"Boyet" as the person who sold to him the six (6) sticks of marijuana
cigarettes. There was no evidence linking Raul Ponferada to the sale of
marijuana cigarettes. The trial court, however, convicted him for the delivery
of marijuana cigarettes.
A careful perusal of the evidence reveals that the prosecution witnesses
miserably failed to prove that the accused-appellant delivered said marijuana
cigarettes to the poseur-buyer CIC Mallari.
From the testimony of the poseur-buyer, the only instance wherein the name
alias "Raul" was mentioned was when alias "Boyet" returned, bringing the six
(6) sticks of marijuana cigarettes accompanied by alias "Raul". They were then
on board a motorcycle. This circumstance alone does not prove delivery on
the part of alias "Raul" or Raul Ponferada. The mere fact that they were
together does not of itself prove that alias "Raul" had a hand in the delivery of
the marijuana cigarettes absent any other concrete evidence linking him
thereto.
Moreover, CIC Mallari testified that when alias "Boyet" or Eduardo Beltran
gave him the marijuana cigarettes, alias "Raul" or Raul Ponferada was three
(3) meters away from them. 25 Hence, it cannot be said with certainty that
Raul Ponferada was the one who delivered the marijuana cigarettes.
Neither is the testimony of Sgt. Rabuya of any help to the prosecution's case.
His testimony materially contradicted that of poseur-buyer CIC Mallari's as to
the identities of the accused. While Sgt. Rabuya identified alias "Raul" or Raul
Ponferada as the one who transacted with CIC Mallari, the latter positively and
categorically identified alias "Boyet" or Eduardo Beltran as the person who
sold and delivered to him the marijuana cigarettes.
We find the contention of Sgt. Rabuya that the accused Raul Ponferada
changes his aliases from "Boyet" to "Raul" so as to mislead the government
agents in identifying him a mere afterthought. Such fact was divulged by Sgt.
Rabuya for the first time only when he was made to explain the discrepancy
between his testimony and affidavit as to who transacted with the poseur-
buyer and tried to stab him (Sgt. Rabuya). In his testimony, he identified that
person as Raul Ponferada or alias "Raul" while in his affidavit, he identified
said person as Eduardo Beltran or alias "Boyet".
Neither did he mention such fact in his affidavit which he personally prepared
and typed. 26
The general rule has always been that discrepancies between the statements
of the affiant in his affidavit and those made by him on the witness stand do
not necessarily discredit him since ex parte affidavits are generally
incomplete. Affidavits are generally subordinated in importance to open Court
declarations because they are oftentimes executed when an affiant's mental
faculties are not in such a state as to afford him a fair opportunity of narrating
in full the incident which has transpired. Further, affidavits are not complete
reproductions of what the declarant has in mind because they are generally
prepared by the administering officer and the affiant simply signs them after
the same have been read to him. 27
The exception to the above rule is where the omission in the affidavit refers to
a very important detail such that the affiant would not have failed to mention
it, 28 and which omission could affect the affiant's credibility. 29
The identities of the accused are points so material in the evidence of the
prosecution that Sgt. Rabuya's failure to mention the switching in their
aliases, as he belatedly claims was a tactic employed by the accused to
mislead the authorities, cannot be taken merely as insignificant.
WHEREFORE, the appealed decision is REVERSED and SET ASIDE. The
accused-appellant is ACQUITTED and ordered immediately released unless he
is detained for some other cause.
SO ORDERED.

EN BANC
[G.R. Nos. 132393-94. August 7, 2002]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO DUMANLANG,
accused-appellant.
DECISION
KAPUNAN, J.:
On January 30, 1997, the Regional Trial Court of Manila, Branch 28, found the
accused Leonardo Dumanlang guilty of two (2) counts of rape and imposed
upon him the supreme penalty of death on each count. These cases are now
before us for automatic review.
These criminal cases stemmed from two (2) Informations filed against the
accused. Except as to the dates of the commission of the crime, the
Informations commonly alleged as follows:
That on or about May 1994, in San Marcelino Street, Ermita, Manila,
Philippines and within the jurisdiction of this Honorable Court, said accused
LEONARDO DUMANLANG Y ENRIQUEZ actuated by lust and by means of force
and intimidation, wilfully, unlawfully, and feloniously did then and there lie
and succeeded in having carnal knowledge with EDNA MACASSADU Y BRUNO
inside room 204 of D’ Traveller’s Pension House against her will and consent
and to her damage and prejudice.
On August 2, 1994, the accused, duly assisted by his counsel, entered a plea
of not guilty in each of the two cases. Thereafter, joint trial proceeded.
The facts are as follows:
Edna Macassadu came to Manila from Sto. Niño, Cagayan to look for a job. On
May 11, 1994, she went to the Diamond Employment Agency located in
Agoncillo St., Malate, Manila. Josephine Biturin, manager of the said
employment agency, sent her to D’ Traveller’s Pension House in San Marcelino
St., Malate, Manila to work as a counter girl. When Edna arrived at the pension
house, she saw the accused Leonardo Dumanlang. The latter asked her name
and gave her a bio-data form for her to fill up. After filling up her application
form, Edna was told to bring her bag upstairs. She followed and after placing
her clothes in the room assigned to her, she was made to eat as it was already
twelve thirty in the afternoon.
After lunch, a certain Glorina told her to go downstairs. Edna was handed a
copy of the rules and regulations. Thereafter, Leonardo directed Edna to go to
his office upstairs. Edna was led to Room 204 where she was made to sit on a
chair near a bed. Leonardo then went out of the room and Edna read the rules
and regulations given to her. Moments later, Leonardo came back, closed and
locked the door. He told Edna that ”he didn’t want to be answered with “ho,
po or opo.” Edna was so frightened because Leonardo was smiling and
laughing while sitting in front of her. She asked him why he locked the door,
but Leonardo just said “Oops, you said po, come here and kiss me.” Alarmed,
Edna stood up to get out of the room but Leonardo prevented her from doing
so. Leonardo forced her to kiss him. He then pushed her to the bed and laid
on top of her. She tried to resist but the accused was too strong for her. She
shouted for help but Leonardo pulled a gun from his waist and pointed it at
Edna who was trembling in fear. Leonardo forcibly unbuttoned Edna’s blouse
and kissed her on her lips and from the cheeks down. He pulled her brassiere
and sucked her breast. He then pulled her pants and underwear. Edna
pleaded for pity but Leonardo only laughed at her. He unzipped his pants and
brought out his penis. Then using his feet, he pushed Edna’s thighs apart.
After succeeding in spreading Edna’s legs, Leonardo inserted his penis into her
vagina. Edna felt pain but she could not do anything but cry. After satisfying
his lust, Leonardo fixed himself and told Edna to stand up. When she refused,
he pulled her up, made her sit on the chair and told her to put on her clothes
and get back to her room. Edna went to her room, wept and stayed there until
six in the evening when Glorina told her to go downstairs. Leonardo then
instructed Edna to watch the counter of the pension house. She stayed at the
counter from six in the evening until two in the morning. Leonardo also
stayed there until twelve midnight.
Edna woke up at around six o’clock the following morning, May 12, 1994. She
had some coffee and, as instructed, cleaned the counter. At around eight
o’clock, she saw the accused at the stairways. Leonardo asked her to make
coffee for him in Room 206. Out of fear, she obeyed and went to Room 206 to
make coffee. Leonardo followed her inside and closed the door. As she was
mixing the coffee in a glass, the accused embraced her. She fought back and
slapped him. Leonardo slapped her back, got the gun from under the
mattress of the bed and pointed it at her. He undressed her, raised her skirt,
removed her underwear, and for the second time, succeeded in having carnal
knowledge with her.
Edna stayed at the pension house until May 16, 1994, when Leonardo and
Josephine Biturin, who she later learned was his common-law wife, transferred
her to another employer, Lorena Raymond. Edna lost no time in revealing to
Lorena her ordeal with the accused. Lorena and her uncle Ding Ocampo
brought Edna to the National Bureau of Investigation (NBI) and her statements
were taken. She was also medically examined. Thereafter, Edna led some NBI
agents to the pension house.
When Edna testified in court, she was already staying with San Marcelino
Barangay Chairman Alice Reyes Santos. She sought the barangay chairman’s
help because she has no other relatives in Manila. After she filed her
complaint against the accused, Edna was given employment at the Manila
City Hall. However, she did not last long in her work because some people
who presented themselves as policemen pressured her into withdrawing the
case against the accused. She recalled that Atty. Bert Domingo, then a
councilor in the City of Manila, likewise offered her money and asked her to
sign an Affidavit of Desistance.
Elex Crelencia, an NBI senior agent, was the team leader of the NBI operatives
that proceeded to the pension house on May 23, 1994. His team included,
among others, agents Tiempo, Paul Gino Rivera, Eric Isodoro and Nestor de
Guzman. When they reached the place, they were able to enter the pension
house without any resistance from anybody. They found the accused inside
Room 206 and Edna readily identified him as the one who raped her. Leonardo
asked the NBI agents if they have any warrant of arrest issued against him.
They told him that there was a complaint for rape against him and they were
just inviting him to the NBI office for questioning. At the NBI office, they
apprised him of his constitutional rights before they conducted their
investigation. However, Leonardo did not execute any statement. The NBI
then referred the case to the Department of Justice.
Dr. Anabelle Solliman, a medico-legal officer of the NBI, recalled that on May
23, 1994, at four o’clock in the afternoon, she conducted a medical
examination on Edna. She found that Edna had laceration in her private organ
at eight o’clock position. Such laceration was normally caused by sexual
intercourse. Prior thereto, the subject was a virgin. She added that the
laceration would heal in about three to four weeks.
Dr. Aina Retizos, a resident physician at the Philippine General Hospital (PGH),
testified that on August 10, 1994, she conducted an examination on Edna who
was complaining of vaginal discharge. She found out that the patient was
suffering from a pelvic inflammatory disease, an infection of the female
genital tract that includes the uterus and both fallopian tubes. She testified
that such vaginal discharge is unusual for a patient who had not sexual
contact nor had foreign object inserted in her private organ. She added that
the pelvic inflammatory disease was probably caused by the sexual assault.
Atty. Libertad Ramos-Rasa, Branch Clerk of Court of the Regional Trial Court of
Manila, Branch 28, testified that on August 8, 1994, at the behest of defense
counsel Atty. Domingo, an ocular inspection was made at D’ Traveller’s
Pension House. They found two (2) gun belts containing nineteen (19) live
ammunitions under the mattress of a bed in Room 206. The trial judge
ordered the confiscation of such ammunitions without any objection from Atty.
Domingo.
The accused merely denied the accusations against him. He testified that he
owns D’ Traveller’s Pension House located in 650 San Marcelino St., Ermita,
Manila, a four-storey building with mezzanine. It is run like a hotel and is
managed by him whenever he is in the Philippines, or by his sister-in-law or by
his common-law wife, Josephine Biturin. The accused is a permanent resident
of Chicago, Illinois, and he has some businesses there. The accused testified
that the pension house was run like a hotel, and lodgers were required to fill
up their registration form where their names, company names and addresses
were stated. Room 204 was occupied by different lodgers at the time of the
alleged rape.
On May 23, 1994, Leonardo was sleeping in Room 206 when five (5) to seven
(7) NBI agents woke him up. A gun was pointed at him and he was informed
that a complaint for rape was filed against him. He was invited to the NBI
office but he refused, so they beat him up. However, he never submitted
himself to a medical examination because he was detained. He was brought
to the NBI office at about six-thirty in the evening dressed only in briefs. He
was never allowed to communicate with his family until May 25, 1994. He also
denied owning a gun.
Josephine Biturin testified that she and the accused have been living together
since 1992. They have two children. She manages the Diamond Employment
Agency owned by Leonardo. She likewise testified that Leonardo owns D’
Traveller’s Pension House in San Marcelino St., Ermita, Manila.
Josephine met Edna when the latter applied as a househelper in the Diamond
Employment Agency on May 9, 1994. She gave her a bio-data form to fill-up
and interviewed her. She then told Edna that if she’s interested to work, she
could take her belongings and proceed to D’ Traveller’s Pension House in San
Marcelino Street.
Edna started to work at the pension house on May 9, 1994. When Josephine
went to the pension house on May 9 and 10, she observed nothing unusual
with Edna. On May 16, 1994, she transferred Edna to another employer,
Lorena Raymond in Sucat, Parañaque.
Josephine recalled that on May 23, 1994, Leonardo was picked-up by some
men from the pension house. She searched for him in all police stations in
Manila but failed to see him. The following morning, May 24, 1994, she found
Leonardo at the NBI detention cell. Leonardo told her to look for a lawyer.
When she came back in the afternoon, Leonardo informed her that the NBI
agents wanted to settle the case for P300,000.00. The accused instructed her
to call up his brother and sister in Chicago, USA to raise money. At twelve
midnight, some NBI agents, one of whom was Armand Ardanas, went to the
pension house, accompanied by one Renato Recto. Upon instructions from
Leonardo, she gave money to Armand Ardanas and Renato Recto. Likewise,
thirty-five thousand pesos (P35,000.00) was given to Edith Tanuco.
Josephine also testified that per the receipts on their records, Room 204 was
occupied by Mr. and Mrs. de Rivera on May 9, 1994. On May 10, 1994, the
room was occupied by Mr. Bengador. On May 11, 1994, it was occupied by Mr.
Alex Azucena. On May 12, 1994, Room 204 was occupied by Mr. Teodoro
Carreon. Josephine further testified that Room 206 was being repaired on May
12, 1994.
Merlyn Jupiter, testifying for the defense, declared before the court that she
was residing at D’ Traveller’s Pension House in San Marcelino St., Ermita,
Manila. She worked as a babysitter of the child of accused. She said that she
never met Edna at the pension house. She recalled that at about nine o’clock
in the evening of May 24, 1994, she was at the Diamond Employment Agency
in Agoncillo St., Malate, Manila. Edith Tanuco arrived and told Merlyn to go
with her as they would move to another place of employment. Merlyn saw a
red L-300 van parked at the back of the Diamond Employment Agency.
Thinking that the passenger inside the van was their new employer, she went
with Edith and they boarded the van. Inside the van were three males and
one female. She asked Edith who were those men and the latter replied that
they were secret agents. She later learned that the female passenger was
Edna. They were brought to the NBI office where Edith told her that they were
filing charges for rape against Leonardo their employer. Edith added that they
would get big money out of it. Edith coached Merlyn what to say. One Mauro
Garcia of the NBI prepared the statements that she signed. Merlyn later
retracted her statements before the NBI and filed an affidavit of desistance
withdrawing the rape case against the accused.
Elpidio Cabutan, Jr., Records Officer II at PGH, presented to the court the
records of the birth of the child of Merlyn Jupiter, which showed that she gave
birth to a baby boy on May 30, 1994, belying the allegation that she was
raped by the accused on May 23, 1994. The testimony of Cabutan was
presented to bolster the accused’s defense that the rape charges were
planned and part of an extortion scheme.
Unimpressed with the accused’s attempt to exculpate himself, the trial court
rendered its decision, dated January 30, 1997, finding Leonardo guilty beyond
reasonable doubt of the crime of rape for two counts. The dispositive portion
of the decision read:
WHEREFORE, finding the accused, Leonardo Dumanlang y Enriquez guilty
beyond reasonable doubt of the crime of rape in Criminal Case No. 94-137790
with the use of a gun, a deadly weapon, and with only one aggravating
circumstance of the use of craft to facilitate the commission of the crime, he is
hereby sentenced to suffer the ultimate penalty of death and to pay to the
offended party, Edna B. Macassadu, moral damages in the sum of P50,000.00.
Likewise finding the said accused Leonardo Dumanlang Enriquez guilty
beyond reasonable doubt of the crime of rape in Criminal Case No. 94-137791
with the use of a gun, a deadly weapon, and with only one aggravating
circumstance of craft to aid him in the commission of the felony, he is hereby
sentenced to suffer the extreme penalty of death and to also pay the offended
party moral damages in the sum of P50,000.00.
Costs de oficio.
Thereafter, the records of the cases were elevated to this Court for automatic
review.
Accused-appellant raises the following assignment of errors:
I
THE TRIAL COURT GRAVELY ERRED IN FINDING AND CONCLUDING THAT
ACCUSED-APPELLANT USED A GUN IN RAVISHING THE HONOR OF
COMPLAINANT EDNA MACASSADU y BRUNO ON TWO OCCASIONS OF AN (SIC)
ALLEGED RAPES COMMITTED ALLEGEDLY AT ROOM 204 OF ACCUSED
APPELLANT’S D’ TRAVELLER’S PENSION HOUSE ON MAY 11 AND 12, 1994.
II
THE TRIAL COURT ACTED IN EXCESS OF ITS JURISDICTION AND WITH GRAVE
ABUSE OF DISCRETION AND HAVE DEMONSTRATED A DEGREE OF ZEAL, BIAS
AND PARTIALITY IN THE PROSECUTION OF THE ALLEGED RAPE CASES AGAINST
ACCUSED-APPELLANT, MORE PARTICULARLY IN THE USE OF GUN IN THE
CONSUMMATION OF THE ALLEGED RAPE CASES OF THE ALLEGED
COMPLAINANT EDNA MACASSADU y BRUNO.
III
THE TRIAL COURT GRAVELY ERRED WITH DUE RESPECT IN NOT SCRUTINIZING
WITH CAUTION AND UTMOST CARE COMPLAINANT’S TESTIMONY WHICH IS
RIDDLED WITH MATERIAL CONTRADICTION AND INCONSISTENCIES,
INHERENTLY IMPROBABLE AND NOT IN ACCORD WITH THE COMMON
OBSERVATION AND EXPERIENCE OF MANKIND.
IV
THE TRIAL COURT GRAVELY ERRED WITH DUE RESPECT IN TOTALLY
DISREGARDING THE TESTIMONIAL AND DOCUMENTARY EVIDENCE OF THE
DEFENSE TO WARRANT THE ACQUITTAL OF ACCUSED-APPELLANT.
V accused-appellant in his bid for acquittal immaterial and irrelevant. Far from
THE TRIAL COURT GRAVELY ERRED IN TOTALLY DISREGARDING THE
TESTIMONIAL AND DOCUMENTARY EVIDENCE OF THE OFFENSE.
VI
THE TRIAL COURT GRAVELY AND SERIOUSLY ERRED IN FINDING THE ACCUSED-
APPELLANT GUILTY BEYOND REASONABLE DOUBT FOR THE TWO (2)
INFORMATIONS HE STAND CHARGED IN COURT, AND IN THE IMPOSITION OF
TWO (2) SUPREME PENALTY OF DEATH, AND
VII
THE TRIAL COURT GRAVELY ERRED IN FINDING AND HOLDING AN ALLEGED
OFFER OF COMPROMISE AN ACCUSED-APPELLANT IMPLIED ADMISSION OF HIS
GUILT.
We sustain accused-appellant’s conviction.
Much of accused-appellant’s contentions stressed on inconsistencies in Edna’s
statements, particularly, on the dates she was supposedly raped by accused-
appellant. According to accused-appellant, Edna said in her previous
statements, as well as in the information she provided to the physician who
medically examined her, that she was raped by the accused on May 9 and 10,
1994, contrary to her testimony that she was ravished by the appellant on
May 11 and 12, 1994.
This contention is without merit. Edna sufficiently explained during trial that
when she gave the statements that she was raped on May 9 and 10, 1994,
she was tensed and confused. Errorless recollection of a harrowing experience
cannot be expected of a witness, especially when she is recounting details of
an experience so humiliating and so painful as rape. Further, Edna testified
that she remembered asking the NBI to correct the dates when she was giving
her statements but apparently, no such change was made. It is well-settled
that between the contents of a sworn statement and testimony in open court,
the latter generally prevails since ex-parte affidavits are often incomplete and
inaccurate because by their nature, they are ordinarily prepared by a person
other than the affiant. The Court would like to stress that the exact date of the
commission of the rape is not an essential element of the crime. What is
material is that the commission of the rape by accused-appellant against
complainant is sufficiently proven.
In the case before us, we find the alleged inconsistencies relied upon by
eroding her credibility, Edna’s lapses are badges of truthfulness and candor
and showed that her testimony was neither rehearsed nor contrived. The
supposed contradictions in Edna’s statements cannot foreclose the fact that
accused-appellant had carnal knowledge of her. The Court also noted that
while recalling her ordeal, Edna broke down and cried, indicating that she was
telling the truth. Thus, she testified:
Atty. delos Santos
Q So, you followed the accused, Mr. Dumanlang, where did he lead you?
Court
Let the witness answer.
Witness
A At Room 204, ma’am.
Atty. delos Santos
Q When he led you to Room 204, what happened after that?
A He told me to sit down on a chair, ma’am.
Q Aside from the chair on which you sat down, what other things can you
remember that you saw inside that room?
A There was a bed, ma’am. A Because he already locked the door, and he was smiling and laughing
while he was sitting in front of me, ma’am.
Court
Q How many chairs were there inside the room?
Where was that bed?
A There were two (2) chairs, ma’am.
Witness
Q When you saw him smiling and laughing, what did you do, if any?
It was inside the room near the chair, sir.
A I asked him, sir, why did you lock the door?
Atty. delos Santos
Q What was his answer?
Q Apart from the bed and the chair, what other things can your remember
that you saw inside the room? A He said, “Oops, you said po, come here and kiss me.”
A There are no other things, ma’am. Q When he told you that, what did you do?
Q When you sat yourself on that chair, what happened next? A I stood up from where I was seated, ma’am.
A Leonardo Dumanlang went out, ma’am. Q Why did you stand up?
Q When he went out, what did you do? A Because I intended to go out, ma’am.
A I was reading the rules and regulations, ma’am. Q Were you able to go out?
Q When did you see Mr. Dumanlang again, the accused? A No, ma’am.
A For a short moment he went down and in a little while he came back, Q Why?
ma’am. A He was forcing me to kiss him, ma’am, and when I was already standing
Q Do you recall of any incident during that period from the time he left you up, he pushed me to the bed. (Witness demonstrating with her right hand that
at Room 204 until he came back, was there any incident that happened in she was pushed to the bed with an arm.)
between that period when you were inside the room? Q What happened next?
A I heard Leonardo Dumanlang shouted to the boy in the pension house to A He went right on top of me. He laid on top of me, ma’am.
go to the backyard for him to do something, ma’am.
Q When he laid on top of you, what did you do, what was your reaction?
Q When Leonardo Dumanlang came back to the room, what happened?
A I was already crying, ma’am.
A He closed the door and locked it, ma’am.
Q Why were you crying?
Q Upon closing the door and locking it, what other things did he do?
A I was frightened of him, ma’am.
A He told me after locking the door that he does not like to be answered
with a HO, PO and OPO, ma’am. Court
Q What was your reaction when you saw Mr. Dumanlang, the accused, Let it appear on record that the complaining rape victim is crying.
closed and locked the door? Atty. delos Santos
A I was frightened, ma’am. Q Miss Witness, what were you wearing at that time?
Q Why were you frightened? Witness
A I was wearing pants with a buttoned blouse, ma’am. A He pulled the gun out from his waist, ma’am. (Witness pointing to her
right hip.)
Q What material is your pants made of?
Q What was your reaction when you saw the gun and the gun was pointed
A It is not a denim pants or maong, ma’am, it is a loose pants.
on your chest?
Q When he was laying of top of you, did you resist?
A I was trembling out of fear, ma’am.
A Yes, ma’am, I was pushing him away from me.
Q When the gun was being pointed at you, were there other things that
Q Were you able to push him away? happened?
A No, ma’am. Court
Q Why? In view of the emotional state of the witness, we will recess for a while.
A He is much too big for me, ma’am, I cannot push him. Prosecutor Viola
Court Yes, Your Honor.
Will you please stand up. Measure her. At this point, the Court ordered the (10 minutes recess)
witness to stand up for her height to be taken.
(Session resumed)
(Branch Clerk of Court measuring the height of the witness.)
Atty. delos Santos
Court
What was the last question.
She is 4 feet 5½ inches.
(Stenographer reading back the last question)
How heavy are you?
Atty. delos Santos
Witness
When the gun was being pointed at you, were there other things that
90 lbs., sir. happened?”
Court Witness
Please proceed. He unbuttoned my blouse, ma’am.
Atty. delos Santos Atty. delos Santos
When he was laying on top of you and you said you resisted him, what was he Can you remember how many buttons were unbuttoned?
doing aside from laying on top of you?
A Three (3), ma’am.
Witness
Q After unbuttoning your blouse, what happened next?
He pointed a gun at me, ma’am.
A He kissed me, ma’am.
Q Where did he point his gun, what part of your body?
Q Where did he kissed you?
A My chest, ma’am.
A He kissed me on my lips, on my cheeks, and he kissed me going down,
Q Do you know where that gun came from? ma’am.
Q While he was kissing you, was he doing other things? Q What was your reaction when you saw his penis out of his pants?
A Yes, ma’am. A I tried to free “makaalpas” myself from him, but I could not, ma’am.
Q What are these things? Q What happened after that?
A He was sucking my breast, ma’am. A He tried to spread my thighs, ma’am.
Q At that time, Miss Witness, were you wearing a brassiere? Q What part of the body of the accused was he using in trying to forcibly
open or spread your thighs?
A Yes, ma’am.
A He was using his feet in pushing my thighs apart, ma’am.
Q You said he was sucking your breast, was it on top of the bra or
underneath the bra? Q Can you show us on the part of your body what do you mean by paa and
demonstrate it to us?
A he pulled up my brassiere ma’am.
A While I was laying down, both my thighs were closed together, (Witness
Q What happened next after kissing and sucking your breast?
demonstrating it by keeping her thighs closed together.) the accused used his
A He was removing my pants, ma’am. knees (Witness demonstrating it by using her knees) in pushing my thighs
Q At that time he was removing your pants, where was the gun? apart, ma’am.

A He was still holding the gun with one hand, ma’am. Q Was he able to spread your two (2) thighs?

Q Was he able to remove your pants? A Yes, ma’am.

A Yes, ma’am. Q Was he still holding a gun at that time?

Q What happened after your pants were removed? A He already put down the gun, ma’am.

A He also removed my panty, ma’am. Q Where did he put this gun?

Q Was it fully removed, what I mean is that, your panty was pulled down A the gun was placed in the bed at a distance where I cannot reach, but it is
from your body? within his reach, ma’am.

A Yes, ma’am.
Q While he was doing this to you, what was your reaction?
A I was pleading to him, ma’am. I was begging to him.
Q What did you say to him?
A I told him to please pity me, but he was only laughing, ma’am.
Q So, when you were there with your panty having been pulled down, what
happened after that?
A He also pulled down the zipper of his own pants, ma’am.
Q What happened when he pulled down his pants?
A He brought out his penis, ma’am.
Q When you saw that he was not already holding his gun, did you not resist
or fight back?
A Because of the extent of my fear I was already trembling, I could not fight
back anymore, ma’am.
Q What happened after that?
A He tried to insert his penis into my vagina, ma’am.
Q Did he succeed in inserting his penis into your vagina?
A Yes, ma’am.
Q Anong naramdaman mo . . . I am sorry, Your Honor.
Atty. Domingo
May I request, Your Honor, that I think what I would like to say is already Q You said that it only took a short while, what happened after that, after he
understood, Your Honor. successfully penetrated your vagina?
Court A He removed it, ma’am.
I cannot understand what you are about to say? Court
Atty. Domingo What did he remove?
May we request the Court to caution our audience or companions in the Witness
courtroom not to treat this matter as a laughing matter by laughing . . . He removed his penis from my vagina, sir.
Atty. delos Santos Atty. delos Santos
I asked for the apology. I was . . . When he removed his penis from your vagina, what did you do?
Court Witness
They were not laughing about the testimony . . . I was crying and trembling, ma’am.
Atty. delos Santos Q What did the accused do?
Because I asked the question in tagalog. I got carried away. A He was zipping up his pants ma’am.
Atty. Domingo Q What else happened, if any?
In fact, Your Honor, the question was so important that it should have been A He asked me to stand up, ma’am.
understood very well by the witness were it not for the outburst of the other
party. Q Did you obey him?
Court A No, ma’am, I did not immediately obey him.
Observe proper decorum, otherwise, I will send you all out. Q Why did you not immediately obey him for you to stand up?
Please proceed. A I was still crying and I was still trembling, and I was afraid of him, ma’am.
Atty. delos Santos Q When you did not follow him immediately, what did he do?
How did you feel when he inserted his penis into your vagina? A He pulled “hinaltak” me up, ma’am.
Witness Q What was your reaction when he pulled you up?
I felt pain, ma’am. A The more that I became frightened, ma’am, I was again trembling some
more.
Q Can you recall if how long was it that his penis was inside your vagina?
Q Were you able to stand up after he pulled you up?
A It was just for a short while, ma’am.
A I was made to sit, ma’am.
Q You said that his penis was inserted into your vagina, was he doing other
motions? Q Where?
A He was kissing my lips, ma’am. A On the bed, ma’am.
Q After that, what happened next?
A He told me to put on back my pants, ma’am. Q And what did you do next after having your coffee?
Q Did you do as told? A I was told to clean downstairs, ma’am.
A Yes, ma’am. Q Who told you to clean downstairs?
Q After that, what happened? A It was Ate Edith who told me to clean downstairs, ma’am.
A After putting back on my pants, I stayed there and I was crying, ma’am. Q What do you mean by downstairs, what part of the pension house?
Q Where was the accused at that time when you were putting back your A Inside the counter, ma’am.
pants? xxx
A He already left the room, ma’am. Q On that morning, did you see the accused, Leonardo Dumanlang?
Q When he left the room, what did you do? A Yes, ma’am.
A I stayed there crying, ma’am. Q What time did you see him, and where?
Q How long did you stay inside the room crying? A Around 8:00 o’clock on the stairway, ma’am.
A I cannot remember, ma’am. Q When you say 8:00 o’clock, morning or in the evening?
Q Did you leave the room? A In the morning, ma’am.
A Yes, ma’am, I left the room. Q What was your reaction when you saw him that morning?
Q Where did you go? A I was again trembling out of fear, ma’am.
A I was told to go to my room, ma’am. Q Why were you trembling?
Edna did not waver in recalling the second rape incident. Her testimony was A Because of his threat that he will kill me, ma’am.
likewise made in a straight and categorical manner, hence:
Q So, what did you do when you saw him?
Atty. delos Santos
A I continued on cleaning, ma’am.
Q Ms. Macassadu on the 12th of May, 1994, were you still inside d’
traveller’s pension house? Q Do you mean to say that, until -- up to the end of your cleaning, let’s say
for about an hour and when Leonardo Dumanlang went down, do you saw him
A Yes, ma’am. -- is the accused stay (sic) with you for the rest of the time?
Q What time did you wake up? A I was told to make coffee, ma’am.
A About more or less 6:00 o’clock, ma’am. Q Who told you to make coffee?
Q Will you please clarify, if its 6:00 o’ clock in the morning or in the A That rapist, ma’am.
evening?
(Witness pointing to the accused.)
A In the morning, ma’am.
Atty. Domingo
Q What did you do after waking up?
Please indicate on the record that the witness stood up and angrily pointed a
A I took coffee, ma’am. finger to the accused, who is seated at the second row of the court room.
Atty. delos Santos
Q When he asked you to make coffee, where did you get the coffee or
where did you make the coffee?
A He told me in the room, ma’am.
Q What room are you referring to?
A At room 206, ma’am.
Q What did you do after the accused asked you to go to room 206, and
make coffee for him?
A Because of my great fear, I obey(ed), ma’am.
Q When you get (sic) inside the room and was preparing the coffee, what
happened?
A He went inside and closed the door, ma’am.
Q How did you know that he was the one who entered the room?
A While I was mixing the coffee on a glass with my back facing towards the
door, he came in and embraced me, ma’am.
Q What did you do when he embraced you?
A I fought back and intended to throw at him the glass of coffee I was
mixing, but it spilled when I was pushed in a bed, ma’am.
Q What did you do when he pushed you to the bed?
A I fought back and in so doing I was able to slap him, ma’am.
Q And what was his reaction when you slapped him?
A He also slapped me back and he got the gun and pointed the gun at me,
ma’am.
Q Where did he get the gun?
A Under the mattress of the bed, ma’am.
Q When you saw the gun again, how did you feel?
A I was trembling out of my fear of him, ma’am.
Q What happened next?
A He undressed me, ma’am.
Q What were you wearing at that time?
A I was wearing skirt and blouse, ma’am.
Q Was he able to undress you totally?
A He raised up my skirt, ma’am.
Q What about your underwear?
A He also removed, ma’am.
Q Was he able to completely remove it?
A Yes, ma’am.
Q What happened after that?
A He again forced to put his penis to my vagina, ma’am.
Q Was he successful in inserting his penis into your vagina?
A Yes, ma’am.
Q Would you recall or remember if, for how long was his penis inside your
vagina?
A Only for a short time, ma’am.
Q Aside from inserting his penis into your vagina, can you describe what
other motions or what other actions was he doing to you?
A He mashed my breast, ma’am.
Q While he was doing this to you, was he still holding the gun?
A Not anymore, ma’am.
Q Where was the gun?
A It was beside him, ma’am.
Q After the act of raping you, what did you do?
A I was trembling out of fear, I just cried there, ma’am.
Q After that, what was the accused doing or what did he do?
A He zipped his pants and went out, ma’am.
Q When the accused, Leonardo Dumanlang, left you, where did you go?
A I stayed in that room still trembling out of fear, ma’am.
Accused-appellant presented to the trial court several receipts tending to
show that from May 9 to 12, 1994, Room 204 was occupied by different
guests, thus making it impossible for the crime to have been committed.
Josephine Biturin likewise testified that the second rape could not have taken
place because Room 206 was under repair at that time.
We cannot accept accused-appellant’s contention. The receipts adduced by
the defense do not carry much worth for being self-serving. Being the owner
of the pension house, accused-appellant could have easily fabricated such
receipts. The failure of the defense to present any of the alleged occupants of
Room 204 casts doubt on the veracity of those documents. Fitting is the trial
court’s observations and findings on this issue:
The accused claims that he could not have raped the complainant on May 11,
1994, in Room 204 of his pension house because on the said date, the said
room was occupied by a lodger or guest as shown by the guest registration
(Exh. “19”) and the receipt of payment of the guest for the use of the room
(Exh. “20”). These two documents are clearly not public documents (Section
19, Rule 132, Revised Rules on Evidence) and as private documents their due
execution and authenticity should have been proven to make them admissible
(section 20, Ibid.). No evidence to that effect has been adduced or even
offered and, therefore, they cannot be admitted in evidence. The cashier,
Julie Biturin (TSN, November 23, 1995, p. 12) should have been presented as
the best witness.
The accused tried to show that the rooms of his pension house from May 1 to
24, 1994, were occupied by guests by presenting guest registrations and
receipts of payment (Exhs. “19” to “21” with submarkings up to Exh. “21-QQ-
1” and Exhs. “22” to “24”). Only Exhs. “19” and “20” are relevant and
material as they involved Room 204 on May 11, 1994. The other guest
registrations and receipts are not only inadmissible private documents but are
utterly material. Whether or not the other rooms were occupied or not on May
11, 1994 or on other dates is absolutely irrelevant. The defense counsel
evidently presented them as an attempt to show “entries in the course of
business” under Section 43, Rule 130, Revised Rules on Evidence, as an
exception to the requirement of personal knowledge. But the basis for
admissions of these guest registrations and receipts had not been laid as
required by the rule. The persons who executed them or made the entries
and issued the receipt were not shown to be deceased or unable to testify.
Moreover, Exh. “19”, the guest registration on May 11, 1994, is, as actually
submitted to this Court, not the guest registration (being merely a xerox
copy), but a reproduction of Exh. “20”, the receipt of payment, covering the
supposed face of the guest registration. Clearly, it was intended to mislead
and conceal the true facts stated on the face of Exh. “19”. The resort to this
chicanery only confirms the testimony of the common-law wife, Josephine
Biturin, that there is no time of “check in” in the said guest registration or that
the check in and check out was at 4:00 P.M. (TSN, November 23, 1995, p. 8)
after the rape was committed at about 2:00 o’clock P.M. On cross
examination, Josephine Biturin testified that the time of the check out of the
guest in Room 204 on May 12, 1994, is not indicated and that she did not
know when he had checked in (TSN, November 23, 1995, p. 26).
The accused himself said that he could not remember the name of the guest
(TSN, May 30, 1996, p.4); that when his common-law wife, (TSN, August 16,
1995, pp. 45-46) or on May 25, 1994 (according to the accused, TSN, April 12,
1996, p. 44), he remembered that Room 204 was occupied and told his
common-law wife so (Ibid., p. 41) that he came to know that Room 204 was
occupied on May 11, 1994, by a guest that same night when he checked the
receipts when the cash was turned over to him (Ibid., p. 43), but he did not
include this remembered fact in his counter-affidavit in the preliminary
investigation of the cases before the Department of Justice, which could have
strongly shown his innocence of the charges and would have caused his
immediate release from detention, because he was “confused and tensed”
(Ibid., p. 44), a most flimsy and unbelievable reason. The accused was clearly
evasive in his answers. The evidence then of the accused is not only
inadmissible but has no probative worth. They betray a desperation on his
part to grasp at straws to escape criminal liability.
Anent the testimony that Room 206 was then being repaired, accused-
appellant himself testified that he remembered asking someone to teach Edna
to brew coffee at Room 206. Accused-appellant added that while the Room
206 was under renovation at that time, it could be occupied and he was in fact
sleeping there.
As regards the presence of other people in the pension house, the Court has
ruled time and again that rape is no respecter of time or place as it can be
committed in places ordinarily considered as unlikely. It is not indispensable
for rape to be committed in an isolated place as rapists bear no respect for
place and time when they carry out their evil deed.
In addition to the foregoing, the testimonial evidence is corroborated by the
physician’s findings of penetration. There is sufficient foundation to conclude
the existence of the essential requisite of carnal knowledge. Lacerations,
whether healed or fresh, are the best physical evidence of forcible defloration.
Indeed, a medical examination is not even an indispensable requirement in the nature and cause of the accusation against him. The testimony as to the
prosecutions for rape provided that the testimony of the victim is credible. use of the gun cannot be considered to qualify the offense but only as a
generic qualifying circumstance. Considering, however, that Article 63 of the
Appellant‘s insinuation that Edna and her two companions filed a complaint
Revised Penal Code provides that a single indivisible penalty must be applied
for rape against him for the sole purpose of extorting money from him
regardless of any mitigating or aggravating circumstances which may have
deserves scant consideration. The fact that the other complainants desisted
attended the commission of the crime, the use of a deadly weapon, even if
from pursuing the case against accused-appellant after the supposed pay-off
proven, cannot modify the imposable penalty in the case at bar. Hence, the
does not mean that Edna was not molested by accused-appellant. The
imposable penalty in this case should be reclusion perpetua.
alleged money given to an NBI agent and to Edith Tanuco in consideration for
the withdrawal of the rape case against accused-appellant would not in Finally, the Court notes that while the trial court awarded moral damages in
anyway affect Edna’s positive testimony that she was raped. If this were favor of the victim, it failed to award civil indemnity. Civil indemnity is
really true, what the accused should have done was to file criminal and separate and distinct from moral damages and is imposed upon the accused
administrative actions against the NBI agents who allegedly extorted money without need of proof other than the fact of the commission of the offense.
from him. It is not farfetched that the other two complainants did not pursue Hence, in addition to moral damages of Fifty Thousand (P50,000.00) Pesos for
their cases, not because they succeeded in extorting money from accused- each count of rape, accused-appellant must be likewise be sentenced to pay
appellant, but because accused-appellant paid them to silence them. Edna an additional amount of Fifty Thousand (P50,000.00) Pesos for each count of
testified that there was also an attempt to persuade her in withdrawing the rape as civil indemnity in accordance with prevailing jurisprudence.
case by offering money to her, only she did not give in to the pressure. There WHEREFORE, the Court AFFIRMS with MODIFICATION the appealed decision
could be no other reason for her determination other than to seek justice for of the Regional Trial Court, Branch 28, Manila, in Criminal Cases Nos. 94-
her plight. 137790 and 94-137791. Accused-appellant Leonardo Dumanlang y Enriquez
It appears from the records that for his defense, accused-appellant merely is found guilty beyond reasonable doubt of two (2) counts of rape and is
denied he raped the victim. However, his denial could not prevail over the hereby sentenced to suffer the penalty of Reclusion Perpetua on each count,
positive testimony of the victim who identified accused-appellant as the with all the accessory penalties of the law, and to pay the victim Edna
perpetrator of the crimes. It is axiomatic that denial is an intrinsically weak Macassadu y Bruno the amount of One Hundred Thousand (P100,000.00)
defense which must be buttressed by strong evidence of non-culpability to Pesos as civil indemnity and One Hundred Thousand (P100,000.00) Pesos as
merit credibility. A denial, if unsubstantiated by clear and convincing evidence, moral damages. Costs against accused-appellant.
is a self-serving negative evidence which cannot prevail over a positive SO ORDERED.
declaration. Here, accused-appellant was unable to overcome the strong
evidence presented by the prosecution.
Nevertheless, accused-appellant was correct in saying that the trial court
erred in imposing upon him the penalty of death.
During the trial of the case, the defense strongly objected to the testimony of
Edna which tends to prove that the commission of rape was with the use of
deadly weapon. Despite the fact that it was not alleged in the information,
the trial court nevertheless admitted and appreciated such qualifying
circumstance and used it as its basis in the determination of the penalty
imposed.
The use of a weapon serves to increase the penalty and thus, said fact should
be alleged in the information because of the accused’s right to be informed of

EN BANC
[G.R. No. 139235. August 7, 2002]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NATHANIEL SURIO,
accused-appellant.
DECISION
KAPUNAN, J.:
For automatic review is the Decision dated June 28, 1999 of the Regional Trial
Court of Malolos, Bulacan, Branch 78, in Criminal Case No. 1224-M-97 finding
accused-appellant Nathaniel Surio guilty beyond reasonable doubt of the
crime of rape and imposing upon him the penalty of death.
In a complaint filed on March 24, 1997, accused-appellant Nathaniel Surio was
charged with sexually abusing complainant Claranette Y. Ligon, the 12 year-
old daughter of his common-law wife by her first husband, on six separate
occasions from August 15, 1996 to March 11, 1997. The case was assigned for
preliminary investigation to Presiding Judge Luisito G. Cortes of the Municipal
Trial Court of Plaridel, Bulacan. After the conduct of preliminary investigation,
the MTC found probable cause for rape committed on August 15, 1996 and
acts of lasciviousness committed on March 11, 1997. The other four counts of
rape were dismissed for lack of evidence. The case was then forwarded to the
Office of the Provincial Prosecutor for the filing of the appropriate information
in court.
Before the Provincial Prosecutor could issue his resolution, complainant
Claranette, assisted by her mother Marites Ligon, executed an affidavit on
May 16, 1997, stating that she was desisting from prosecuting the rape cases,
as well as those involving acts of lasciviousness. This prompted counsel for
accused-appellant to write the Assistant Provincial Prosecutor, to whom the
cases were assigned for review, requesting for their dismissal. Thus, on May
19, 1997, the Public Prosecutor filed a motion to dismiss the cases.
However, on May 23, 1997, complainant’s counsel wrote the Provincial
Prosecutor of Bulacan requesting the withdrawal of the Affidavit of Desistance
“due to the mistaken belief that the accused had settled to indemnify the civil
aspect of the case for at least P300,000.00 and not P150,000.00.”
In a Resolution dated July 9, 1997, the Assistant Provincial Prosecutor
recommended the filing of an Information for rape on six counts against
accused-appellant. This Resolution was later amended on August 15, 1997
which, in effect, reinstated the March 24, 1997 Order of the MTC judge for the
filing of an Information for one count of rape and another for acts of
lasciviousness.
On September 10, 1997, the Provincial Prosecutor filed the corresponding
Information against accused-appellant for one count of rape committed as
follows:
That on or about the 15th day of August 1996, in the municipality of Plaridel,
province of Bulacan, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused did then and there wilfully, unlawfully and
feloniously with lewd designs, by means of force and intimidation have carnal
knowledge of the said offended party, Claranette Y. Ligon, a 12 year old girl,
against her will and without her consent.
Contrary to law.
The case was docketed as Criminal Case No. 1224-M-97 before the Regional
Trial Court of Malolos, Branch 78. Upon arraignment, accused-appellant
pleaded “Not Guilty” and trial ensued.
The prosecution presented the testimonies of complainant Claranette Y.
Ligon, the victim’s mother, Marites Ligon and Dr. Edgardo Gueco, the medico-
legal officer.
Complainant testified that her mother, Marites Ligon, and accused-appellant
lived together as common-law husband and wife for seven years. Around six
o’clock in the morning of August 15, 1996, she (complainant) was in their
rented apartment in Maria Lourdes, Plaridel, Bulacan, preparing for school.
With her was accused-appellant. Her mother, Marites Ligon, left the house
early to attend a town fiesta.
After taking a bath, complainant proceeded to her mother’s room to dress up.
She had already put on her panty and bra when somebody knocked. She
wrapped herself in a towel and opened the door. Accused-appellant who was
clad only in briefs suddenly entered the room and pushed complainant
towards the bed. Accused-appellant went on top of her, removed her panty
and inserted his penis into her vagina. Complainant shouted and kicked
accused-appellant but her efforts proved futile.
Shortly after accused-appellant inserted his penis into her vagina,
complainant saw a sticky substance coming out of accused-appellant’s sexual
organ. Accused-appellant took a face towel and wiped the sticky substance.
He then ordered complainant to dress up. Before leaving, accused-appellant
threatened to kill her mother should complainant tell her about the incident.
Because of such threat, complainant did not tell anyone about what happened
that day. Several months after the incident, accused-appellant was detained
in the Plaridel police station. It was only then that complainant summoned
enough courage to tell her mother what accused-appellant did to her. Her
mother immediately reported the matter to the Plaridel police and brought
complainant to the hospital for examination on the same day.
Marites Ligon, complainant’s mother, corroborated her daughter’s testimony.
She testified that she lived together with accused-appellant for six years, from
1992 to 1997. Complainant is her daughter by her first husband.
On March 21, 1997, Marites had a serious quarrel with accused-appellant
during which he mauled her. As a result, she filed a complaint against him for
serious physical injuries and malicious mischief with the Plaridel police.
Accused-appellant was immediately arrested and detained. It was only then
that her daughter told her that she was raped by accused-appellant. Marites
was shocked at her daughter’s revelation and as advised, she filed a
complaint for rape against accused-appellant. She brought her daughter to
San Fernando, Pampanga for medical examination. Prior to the revelation, she
noticed that her daughter appeared to be always in a state of shock (“tulala”)
and was always sad and crying.
Dr. Edgardo Gueco, Chief of the Medico-Legal Division of the PNP Crime
Laboratory, testified that on March 21, 1997, he conducted a physical
examination on the victim. He found no signs of recent trauma but there were
healed lacerations on the victim’s hymen supporting the conclusion that she
had previous sexual intercourse. However, he could not tell whether such
sexual intercourse was forcibly done. The test was negative for the presence
of spermatozoa and showed that complainant was in a non-virgin state
physically.
The evidence for the defense, on the other hand, consisted of the testimonies
of Lolita Tayao, PO3 Reynaldo Rivas, Rosalinda Montehermoso, accused-
appellant’s mother Aurora Surio, and accused-appellant himself.
Lolita Tayao stated that on March 20, 1997, Marites Ligon, went to her house
and told her that she was mauled by accused-appellant. For this reason,
Marites asked Tayao to connive with her (“kinantsaba at kinasabwat”) and
charge accused-appellant of raping her daughter Claranette. Out of pity, she
assented to Marites’ request and made such a report to the police station.
However, Tayao was later bothered by her conscience so she went back to
the police and retracted her statement. She executed a sworn statement
dated April 16, 1997, which stated, among others: “Nasabi niya sa akin na
para madiin ng husto si Nathaniel Surio na kanyang kausapin ang kanyang
anak na si Claranette Ligon at ako’y kanyang ipakikilala na tiyahin ng
kanyang anak na para sabihin sa akin na nagsumbong ang kanyang anak na
siya (Claranette) ay ginahasa ni Nathaniel Surio, na hindi naman totoo na
nagahasa ang kanyang anak” and “Na sinabi rin sa akin ni Marites Ligon na
kaya nya lang gagawin ang ganitong kasinungalingan ay para makaganti sa
ginawang pambubugbog sa kanya ng kanyang kinakasama na si Nathaniel
Surion.”
PO3 Reynaldo Rivas corroborated Tayao’s assertion that she executed a
statement before the Plaridel police recanting her first statement which
charged accused-appellant with rape of complainant. He narrated that on
several occasions, he saw Tayao in the police station accompanying Marites
Ligon who was then filing a complaint against accused-appellant. On April 16,
1997, after an information has been filed, Tayao went back unaccompanied to
the police station and executed a sworn statement alleging that accused-
appellant was merely framed-up by Marites. Because such allegation was
contrary to her first statement, Rivas asked Tayao to have her statement
subscribed before a notary public.
Accused-appellant Nathaniel Surio testified that Marites Ligon was his
common-law wife from 1992 to 1997. They resided in Ma. Lourdes
Subdivision, Plaridel, Bulacan, occupying the third unit of an apartment
owned by a certain Mrs. De Jesus while Marites’ daughter (complainant)
resided with a friend in the next unit, Unit No. 4. Accused-appellant worked as
lineman-driver of Meralco in its office in Agnaya, Plaridel, Bulacan.
On August 14, 1996, he went to work from seven o’clock in the morning to
three o’clock in the afternoon. Because it was payday, he went drinking with
some friends after office hours and arrived home at around 11:30 in the
evening. The following day, August 15, 1996, he was awakened by Marites
who was furious at him for coming home late and for not giving her his
salary. She also suspected him of keeping a mistress. Marites cursed him,
slapped him in the face and boxed him. Accused-appellant retaliated and hit
Marites. Complainant who was preparing for school that morning, saw and
heard everything that transpired between her mother and accused-
appellant. When she saw accused-appellant hit her mother, complainant
cursed and shouted at him. Marites threatened to send accused-appellant to
jail and complainant told him that she will help her mother in having him
imprisoned. After the incident, accused-appellant went to his place of work,
Marites left the house while complainant went to school.
The mother of accused-appellant, Aurora Surio, testified that after the case
was filed, Judge Luisito Cortez issued an order fixing bail in the amount of
P200,000.00. While she was trying to raise the amount, she was approached
by Atty. Loy, counsel for complainant, and a certain Pablo Macasiray,
suggesting that instead of using the P200,000.00 as bail bond, the money
could be given directly to complainant and her mother and the case would be
withdrawn. Thus, Aurora sold a parcel of land she owned for P150,000.00 and
gave the proceeds to Macasiray. Complainant and her mother then executed
affidavits of desistance.
Finally, the defense also presented Rosalinda Montehermoso who attested to
the fact that the town fiesta in Hagonoy, Bulacan is celebrated every 28th day
of August and that there was neither a feast nor a barrio fiesta in Hagonoy on
August 15, 1996 contrary to complainant’s allegation.
After the reception of evidence for both parties, the trial court, on June 28,
1999, rendered a decision convicting accused-appellant and sentencing him
as follows:
WHEREFORE, the foregoing considered, this Court hereby finds accused
Nathaniel Surio GUILTY beyond reasonable doubt of the offense of Rape
defined and penalized under Article 335 of the Revised Penal Code, as
amended by Republic Act No. 7659, and sentences him to suffer the penalty
of DEATH and to pay private complainant Claranette Ligon the amount of
P75,000.00 as moral damages. With costs.
SO ORDERED.
By reason of the imposition of the penalty of death, the case is now for
automatic review by this Court. Accused-appellant raised the following errors
in his Brief:
I
THE COURT A QUO ERRED IN CONVICTING THE ACCUSED BASED ON THE
INCREDULOUS AND INCONSISTENT STATEMENTS OF PROSECUTION
WITNESSES PARTICULARLY OF CLARANETTE LIGON
II
LIKEWISE THE LOWER COURT ERRED IN CONVICTING THE ACCUSED OF THE
CRIME OF RAPE THEREBY IMPOSING THE SUPREME PENALTY OF DEATH
DESPITE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND
REASONABLE DOUBT.
III
THE LOWER COURT ERRED IN NOT TAKING INTO CONSIDERATION THE
AFFIDAVIT OF DESISTANCE EXECUTED BY THE COMPLAINANT AND HER
MOTHER IN ARRIVING INTO A JUDGMENT OF CONVICTION AGAINST THE
ACCUSED.
In every criminal prosecution, the guilt of the accused must be established by
proof beyond reasonable doubt in order to warrant a conviction. Proof
beyond reasonable doubt is that degree of proof which produces conviction in
an unprejudiced mind. It is not the absolute certainty of guilt but only a moral
certainty as to the presence of the elements constituting the offense, as well
as the identity of the offender.
This exacting standard of proof beyond reasonable doubt, the Court observed,
acquires more relevance in rape because an accusation of rape is fairly easy
to make but difficult to prove, and even more difficult for the accused, though
innocent, to disprove. Moreover, the lone testimony of the victim may be
made the sole basis of a conviction for rape, if such testimony is clear,
positive and credible.
The matter of the assessment and evaluation of the credibility of witnesses
and their testimonies, such as that of a victim in a rape case, is best left to the
trial court. The Court has consistently accorded with utmost respect the
findings and conclusions of the trial court on the credibility of witnesses and
their testimonies because it has the advantage of directly observing the
demeanor and comportment of witnesses when they testify. However, when
there is a showing that the trial court failed to appreciate certain facts and
circumstances that would have altered its conclusion, it is incumbent upon the
Supreme Court to correct such a mistake.
After a careful study of the case under scrutiny, the Court finds sufficient
grounds to overrule the factual findings and conclusions of the trial court
especially as to the credibility of complainant’s testimony.
In her direct examination, complainant narrated the manner in which she was
allegedly raped by accused-appellant on August 15, 1996 in this wise:
Q On August 15, 1996, about 6:00 a.m., can you still remember where you A I am dressing inside the room when my stepfather knocked on the door
were at that time? then I opened the door.
A I was in our house. xxx
xxx Q You said you opened the door when you heard your stepfather knocking,
will you describe to the Honorable Court what you were wearing at that time.
Q Who was with you at that time if you can still remember
A Only panty and bra.
A Me and my stepfather.
xxx
Q You are referring to accused Nathaniel Surio?
Q What happened next when you opened the door to your stepfather?
A Yes, sir.
A He removed my panty and bra.
Q How about your mother, where was she at that time?
Q And what did you do if any when your stepfather started removing your
A She was at a fiesta.
bra and panty?
xxx
A I was resisting.
Q On August 15, 1996, about 6 AM, can you still remember what you were
Q How are you resisting him?
doing at that time?
A By kicking him.
A Taking my bath.
Q And was your stepfather able to remove your bra and panty?
xxx
A Yes, sir.
Q After taking bath, what did you do next, if any?
Q What happened next?
A I am about to dress up.
A He lied (sic) me on a bed.
Q Where were you dressing up?
Q When your father entered the room, describe to the court what he was
A In the room, sir.
wearing at that time?
Q Which room are you referring to?
A Only brief.
A Room of my mother and stepfather.
Q And you said your father caused you to lie on the bed, did you lie on the
Q Where (sic) you able to dress up at that time? bed?
A Only my panty and bra. A He pushed me.
xxx Q And what happened next?
Q While dressing up, was there any occasion you saw your stepfather? A He inserted his penis to my vagina.
A Yes, sir. Q Did you feel anything after your stepfather inserted his penis into your
Q When was that? vagina?

A In the morning. A Yes, a sticky substance came out.

Q How did you see him while you were dressing up? xxx
Q After you felt that sticky substance, what did the accused do, if you know?
A He took a face towel.
Q What did he do with the face towel?
A He wiped his penis.
xxx
Q What about you, what were you doing at that time?
A I am dressing up.
Q What did your stepfather do after wiping his penis with face towel?
A He dressed up.
Q After dressing up, what did he do?
A He told me not to tell anyone and once I do, he will kill my mother.
Q After making that threat, what else did accused do?
A He dressed up and left.
Q What about you, were (sic) did you go after that incident?
A I went to school.
xxx
However, during the preliminary investigation conducted by Presiding Judge
Cortez, complainant alleged that:
. . . on August 15, 1996, while she was dressing herself to go to school at
around 6:00 in the morning, the accused, Nathaniel Surio, upon seeing her,
dragged her to go inside the room of her mother and Nathaniel Surio; that
once inside, the accused required to undress her; that when she resisted, the
accused instead undressed her and dressed her with a duster “nightees” and
covered her mouth to prevent the victim from shouting and thereafter,
required the victim to lay on bed; the accused placed on top of the victim with
warning not to shout otherwise he will kill her and her mother who at that
time was at the market buying food. Thereafter, the accused inserted his
penis to the private part of the complainant, and succeeded with his vestial
(sic) desire.
It is significant to note that complainant’s allegations in the preliminary
investigation and her testimony during trial vary in material points.
First, complainant alleged that accused-appellant dragged her towards the
room of her mother and accused-appellant. During trial, however, she claimed
that she was already inside the room getting dressed when accused-appellant
knocked on the door, entered wearing only briefs, and pushed her towards the
bed. She reiterated this during cross-examination, to wit:
Q Now, you said during your direct testimony that after taking a bath, you
went inside the room of your mother and stepfather, is it not?
A Yes, sir.
Q And you were dressing inside the room, is it not?
A Yes, sir.
Q And it is during that time that your stepfather knocked in the room?
A Yes, sir.
Q Now, please describe to the court how your stepfather knocked in that
room, was it a loud knock or a soft knock?
A Soft knock.
Q And you opened the door.
A I opened the door but I was wrapped with a bath towel.
xxx
Q When you opened the door and as you said you were just wrapped in a
bath towel, what happened next?
A My stepfather pushed me on the bed.
Second, complainant stated in the preliminary investigation that accused-
appellant asked her to undress and when she refused, he undressed her and
made her wear a “duster” (nightees). She again changed her testimony
during trial and testified that she just finished taking a bath and was wearing
only her underwear when accused-appellant knocked at the door.
Third, in her direct as well as cross-examination, complainant alleged that on
the day of the incident, August 15, 1996, she was left alone with accused-
appellant in her mother’s house because the latter was attending a town
fiesta in Hagonoy, Bulacan. This is again contrary to her allegation during the
preliminary investigation that her mother went to market that morning.
These inconsistencies in complainant’s allegations cannot be considered so
minor as to not affect the veracity of her accusation. In fact, these
inconsistencies bear on material facts attending the rape allegedly committed
on August 15, 1996 for which accused-appellant was indicted. If complainant
could remember exactly the date of the alleged rape, six o’clock in the
morning of August 15, 1996, it is baffling why she could not recall the
circumstances surrounding the same and the manner in which the act was
committed. Certainly, the act of opening the door to a person and being
pushed by that person towards the bed is different from being dragged and
pulled by someone towards a room. In the same manner that being ordered
to undress and then asked to wear a “nightee” is not the same as wearing
only underwear when accused-appellant entered who then removed such
underwear himself. The Court has ruled that when serious and inexplicable
discrepancies in important details are found in a witness’ testimony, his/her
testimony may be disregarded. Also, when discrepancies pervade the
testimonies of prosecution witnesses such that the totality of the prosecution
evidence fails to constitute a coherent account, the conviction of the accused
cannot be justified. In this case, where the lone testimony of the complainant
may be the sole basis for conviction, the serious discrepancies in her
testimony hardly lend credence to her supposed positive testimony and cast a
serious doubt as to the credibility of her charge.
The trial court also erred in failing to appreciate the testimony of witness
Lolita dela Cruz-Tayao in favor of accused-appellant. Tayao positively declared
that she was asked by Marites Ligon to pretend that she was the aunt of
complainant and to falsely charge accused-appellant of raping the latter. Her
statement was duly contained in an affidavit dated April 16, 1997 which
stated, among others:
xxx
Na, sinabi rin niya sa akin na para madiin ng husto si Nathaniel Surio na
kanyang kausapin ang kanyang anak na si Claranette Ligon at ako’y kanyang
ipakikilala na tiyahin ng kanyang anak na para sabihin sa akin na
nagsumbong ang kanyang anak na siya (Claranette) ay ginahasa ni Nathaniel
Surio, na hindi naman totoo na nagahasa ang kanyang anak;
Na, sinabi rin sa akin ni Marites Ligon na kaya nya lang gagawin ang ganitong
kasinungalingan ay para makaganti sa ginawang pambubugbog sa kanya ng
kanyang kinakasama na si Nathaniel Surio;
xxx
Na, ginawa ko ang salaysay na ito sa sarili kong kagustuhan at walang
sinumang pumilit, tumakot o nag-bigay ng pabuya upang gawin ito.
xxx
This affidavit was duly presented in evidence and the execution thereof was
corroborated by defense witness PO3 Reynaldo Rivas who narrated that after
she implicated accused-appellant in the rape case, Lolita Tayao went back to
the police station alone and retracted this statement voluntarily.
Lolita Tayao’s testimony on the witness stand was likewise categorical:
Q Madam witness, on March 20, 1997, do you still recall where you were?
A Yes, sir.
Q Where were you on that date?
A I was in our house because that is the graduation day of my youngest
child.
Q In the afternoon of that date, could you recall if there was anything that
happened while you were in your house?
A Yes, sir.
Q What happened during that afternoon on that date?
A On that date, Maritess Ligon proceeded in our house and she was asking
for help because she was being mauled by Nathaniel Surio.
Q After Maritess Ligon came to you and asked your help because she was
allegedly mauled by Nathaniel Surio, what happened?
A Maritess Ligon asked me to connive with her that her daughter was
raped by Nathaniel Surio.
Q I would request the two word used by the witness kinantsaba at
kinasabwat be placed on record. Mrs. witness, after you were asked by
Maritess Ligon to connive with her and to say that her daughter was raped by
Nathaniel Surio, what else happened?
A I returned to the municipal building because “hindi ko kasi matanggap na
salita na yon na di naman totoo.”
Q You said that you went back to the municipal building now, which
municipal building are you referring to?
A Plaridel, Bulacan.
Q Did you reach the municipal building of Plaridel?
A Yes, sir.
Q When you went there, according to you, with whom were you?
A I’m alone, sir.
Q Upon reaching the municipal building of Plaridel, what happened?
A I gave my statement there about the incident.
The prosecution failed to rebut the foregoing testimony. Marites Ligon did not
deny that she knew Tayao and that on March 20, 1997, she went to see the
latter after she was mauled by accused-appellant. This fact was also
corroborated by SPO3 Rivas who testified that prior to April 16, 1997, witness
Tayao and Marites Ligon used to go to the police station together, to wit:
Q Will you please tell the Court if you have occasion to meet a certain Lolita
Tayao during that investigation?
A Yes, sir.
Q Will you please tell the circumstances when you met this Lolita Tayao?
A I met her when I brought the rape victim to the PNP Crime Laboratory,
Camp Olivas, San Fernando, Pampanga.
xxx
Q After that you have met again Lolita Tayao?
A Yes. Everytime the complainant went to our office she was with the
mother of the private complainant.
Q Do you know the name of the mother of the private complainant?
A As far as I recall, Marites.
xxx
Q Will you tell the Court under what circumstances?
A Regarding the frame up case filed by the mother of the victim against the
accused.
Q Tell the Court if this testimony given to you by Lolita Tayao reduced in
writing.
A Yes, sir.
xxx
Q Will you please explain if why this statement given to you was notarized
by another person?
A Because after Lolita Tayao voluntarily gave her statement I advised her to
subscribe to any notary public.
Q Why did you advise that?
A Because at first Lolita Tayao was frequently accompanied by the mother
of the complainant and when I filed the case she went to our office and
voluntarily gave the statement in favor of the accused.
Tayao’s assertion that the rape charge was preceded by a serious altercation
between Marites and accused-appellant was in fact admitted in part by
Marites Ligon herself. Marites averred that on March 20, 1997, she had a
violent quarrel with accused-appellant and the following day, she filed a
complaint against him for physical injuries and malicious mischief with the
Plaridel police. Two days after, March 24, 1997, she assisted her daughter
Claranette in filing the rape charge against accused-appellant.
The Court has ruled that when there is nothing to indicate that a witness was
actuated by improper motives, her positive and categorical declarations on
the witness stand under solemn oath deserve full faith and credence. Tayao’s
declaration that she was asked by Marites Ligon to conspire with her and
falsely charge accused-appellant of raping Claranette is clear, positive and
categorical. There is no evidence of any ill or improper motive on the part of
Tayao that would discredit her testimony. She was not in any way related to
accused-appellant. As a matter of fact, it was complainant’s mother who knew
Tayao because they were friends. Neither was the prosecution able to show
that some form of consideration induced Tayao to retract her first statement
and testify in favor of accused-appellant. The Court notes that the prosecution
did not at all try to rebut Tayao’s testimony.
Finally, we rule that the trial court failed to appreciate the value of the
affidavit of desistance executed by complainant and her mother. On May 16,
1997, complainant executed an affidavit of desistance which reads:
AKO, CLARANETTE Y. LIGON, matapos manumpa ng ayon sa batas, ay malaya
at kusang-loob na nagpapahayag ng mga sumusunod:
Na ako ang siyang nagsasakdal laban kay Nathaniel Surio sa Hukumang
Pambayan ng Plaridel, sa ilalim ng sumbong na makikilala bilang Crim. Case
No. 11555-97 sa salang “RA 7659, Sec. 11 (Six Counts of Rape)”, na sa
ngayon ay nasa Tanggapan ng Panlalawigang Tagausig ng Bulacan;
Na ako ay wala nang hangarin na ipagpatuloy pa ang nasabing sakdal laban
sa kanya, sapagkat matapos kong pagbalikan ang mga pangyayari, aking
napagtanto na ito ay bunga lamang ng hindi namin pagkakaunawaan.
Na hinihiling ko sa Kgg. na Tanggapan ng Panlalawigang Tagausig ng Bulacan,
na pawalang saysay ang aking sakdal laban sa nasabing si Nathaniel Surio.
CLARANETTE Y. LIGON
Nagsasalaysay
This affidavit and copies thereof are duly attached to the records of the case
repudiating the Solicitor General’s claim that there is no such affidavit. The
prosecution tried to deny its existence by presenting Marites Ligon who
testified on rebuttal that said affidavit referred to the cases for malicious
mischief and serious physical injuries filed against accused-appellant.
However, what Marites was referring to was the affidavit of desistance she
executed herself and not that of complainant. Records show that there were in
fact two affidavits of desistance - one was executed by Marites relative to the
cases for malicious mischief and serious physical injuries filed against
accused-appellant where Marites herself was the complainant; the other
affidavit was executed by complainant Claranette Ligon relative to the six
counts of rape she filed against accused-appellant. While it is true that
counsel for complainant asked the provincial prosecutor to withdraw the
affidavit of desistance executed by complainant, it is relevant to note that the
reason for such withdrawal was insufficiency of the amount offered, to wit:
xxx
This is to request your good Office to WITHDRAW THE DESISTANCE (copy
attached ) executed by my clients (Marites Ligon and her daughter Claranette
Ligon, rape victim), due to the mistaken belief that the accused had settled to
indemnify the civil aspect of the case for at least P300,000.00 and not
P150,000.00. xxx
This fact was corroborated by Aurora Surio, accused-appellant’s mother, who
testified that when the Presiding Judge issued an order setting bail for
P200,000.00, counsel for complainant (Atty. Loy), through a certain Pablo
Macasiray, suggested that the amount be given instead to complainant and
her mother who needed it badly in exchange for the withdrawal of the rape
case. Her testimony reads:
xxx
ATTY. PUNO:
Madam witness, after this Order was issued by Judge Louie Cortez, what
happened?
A Because of the amount I need and I’m only poor person I need to raise
that P200,000.00. Atty. Loy asked somebody together with Maritess and
Claranette by the name of Pablo Macasiray.
Q By the way who is this Atty. Loy?
A Atty. Loy is a lawyer at Camp Aguinaldo and the lawyer of the private
complainant.
Q So, what happened after that?
A Pablo Macasiray went to our house several times and informed us that
instead of paying P200,000.00 for the bail of my son he just told us the said
amount of money to the child. They were the one who approached us sir, so
that the case will be dismissed.
xxx
Q After that what happened?
A Because during that time I don’t have money and Pablo Macasiray
frequented to our place and he told us that the child needed the money very
badly. And because I have a small lot I sold the same and gave the amount of
P150,000.00 just to execute the affidavit of desistance.
xxx
Q At that time, Madam witness, will you please tell the Court if Nathaniel
Surio knew about this circumstances that you have mentioned, the execution
of these Affidavit of Desistance?
A No, sir.
xxx
PROS. SANTIAGO:
Madam witness, in connection with these Affidavit of Desistance that you have
just identified a while ago executed by one Claranette Ligon, did you
personally pay Claranette Ligon?
A The truth is they were the one (sic) who went to our place. They settled
with us together with Atty. Loy, Claranette Ligon and Pablo Macasiray and we
proceeded to the Fiscal’s Office.
xxx
Q This Affidavit of Desistance that you have identified were (sic) signed by
Claranette Ligon before Fiscal Santos, is that what you mean?
A Yes, sir.
xxx
Q When you came to know that Atty. Loy filed that motion to withdraw the
execution of the Affidavit of Desistance, what did you do?
A My son got mad at me. My son told me that’s the reason “para madiin
ako”. What I’m asking for you to prepare is the payment for my bail bond.
commission. Thus, there being a serious doubt as to accused-appellant’s
guilt, acquittal must follow.
WHEREFORE, the Decision dated June 28, 1999 of the Regional Trial Court of
Malolos, Bulacan, Branch 78, in Criminal Case No. 1224-M-97 finding accused-
appellant Nathaniel Surio guilty beyond reasonable doubt of the crime of rape
and imposing upon him the penalty of death is REVERSED and accused-
appellant Surio is hereby ACQUITTED of the crime charged with costs de
oficio. His immediate release is hereby ordered unless he is held for some
other valid charges.

xxx SO ORDERED.

PROS. SANTIAGO:
My question, what did you do upon learning that Atty. Loy filed a motion to
withdraw the execution of the Affidavit of Desistance?
A First, I approached my counsel.
Q Did you try to get or retrieve the money given to the victim?
A Yes. I tried.
Q What happened?
A They did not give the money.
While affidavits of recantation or desistance can be easily obtained for
monetary consideration or through intimidation, such affidavits can, likewise,
be used as a tool for extortion of innocent people under threat of criminal
prosecution and incarceration.
In People vs. Bravo, we have said that the unpardonable assault on a child is
tragic and the trial court may be swayed by the tide of human indignation;
however, the primacy of the presumption of innocence in favor of the accused
must always be upheld when the evidence at hand falls short of the quantum
required to support a conviction. Evidence showing a mere possibility of
guilt is not sufficient to sustain a conviction. The conscience must be satisfied
that the crime has been committed by the person on trial. In the present case,
the prosecution failed to establish the guilt of accused-appellant by proof
beyond reasonable doubt. The material discrepancies in complainant’s
testimony, the evidence of frame-up and the execution of an affidavit of
desistance taken together are strong indications pointing to the possibility
that the charge was motivated by some factors other than the truth as to its

FIRST DIVISION
[G.R. No. 149492. January 20, 2003]
JOEL LUCES, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
DECISION
YNARES-SANTIAGO, J.:
This is a petition for review seeking to annul and set aside the March 23, 2001
decision of the Court of Appeals in CA-G.R. CR No. 23581 which affirmed with
modification the decision of the Regional Trial Court of Bugasong, Antique,
Branch 64 finding petitioner Joel Luces guilty beyond reasonable doubt of the
crime of homicide in Criminal Case No. 0249.
Petitioner was originally charged with Murder under an information which
reads:
That on or about the 11th day of November 1997, in the Municipality of
Patnongon, Province of Antique, Republic of the Philippines and within the
jurisdiction of this Honorable Court, the above-named accused being armed
with a knife, with intent to kill and with treachery did then and there willfuly,
unlawfully and feloniously, attack, assault and stab with said knife one
Clemente Dela Gracia, thereby inflicting upon the latter fatal wound on the
vital part of his body which caused his death shortly thereafter.
Contrary to the provisions of Article 248 of the Revised Penal Code as
amended by Republic Act 7659.
Upon arraignment on April 22, 1998, petitioner pleaded not guilty. Trial on the
merits thereafter followed.
The facts, as testified to by prosecution witness Dante Reginio, reveal that at
6:30 in the evening of November 11, 1997, Dante Reginio, Nelson Magbanua,
and the victim, Clemente Dela Gracia, were on their way to the house of Didoy
Elican. As they were walking along the road at La Rioja, Patnongon, Antique,
they met petitioner who collared the victim, saying, “Get it if you will not get it
tonight, I will kill you.” Thereafter, petitioner immediately stabbed the victim
on the chest with a “Batangueño” knife. The place was illuminated by a street
light 3 to 4 arm’s length away from the petitioner, enabling Dante Reginio to
easily recognize the latter who happened to be his barangay mate. The victim
was rushed to the hospital while the petitioner fled from the crime scene.
On November 14, 1997, Dante Reginio and Nelson Magbanua executed a
sworn statement identifying the petitioner as the culprit.
On cross-examination, Dante Reginio was confronted with an affidavit of
desistance dated November 14, 1997 allegedly executed by him and Nelson
Magbanua stating, among others, that:
Long after the incident happened and after we have executed a sworn
statement before the office of the PNP of Patnongon sometime in November of
1997, we have come to realize that after a thorough recollection and reflection
of what had happened during the incident, that the person who stab[bed] to
death Clemente Dela Gracia in the evening of November 11, 1997, at Brgy. La
Rioja, Patnongon, Antique, was not Joel Luces but it might be some other
persons because it was already quite dark in the evening and we [were] a
little bit far from the scene of the incident.
Dante Reginio, however, denied knowledge of the aforequoted affidavit and
claimed that his signature appearing thereon was a forgery.
The examination conducted by Dr. Deogracias P. Solis on the cadaver of the
victim revealed that the latter sustained the following injuries, to wit:
Wound stab more or less oblique ... two (2) cms. long, chest anterior, mid-
sternal line level of 4th rib, fracturing the fourth rib and directed posteriorly
cephalad and left laterally and injuring the right auricle with a wound of about
1.3 cms.
Wound incised, …3”… muscle deep more or less horizontal, palm left outer
proximal quadrant.
Conclusion: Cause of death was shock cardiogenic due to above-described
wound.
On the other hand, the defense evidence consisted of denial and alibi.
Petitioner declared that at 6:00 pm. of November 11, 1997, he was in San
Jose, Antique, waiting for the arrival of his wife from Iloilo City. When his wife
arrived at 7:00 pm., they left for Brgy. La Rioja, Patnongon, Antique, and
reached home at about 7:30 pm. The following day, November 12, 1997, his
friend told him that he was the suspect in the killing of Clemente Dela Gracia.
For fear that he might be incarcerated, he went into hiding, but his mother
convinced him to surrender to the police station of San Jose Antique. On
November 25, 1997, he finally surrendered to the authorities and denied
authorship of the crime.
Nelson Magbanua was presented as hostile witness for the defense. He
admitted that he signed an affidavit of desistance stating, inter alia, that the
person who stabbed the victim “…was not Joel Luces but it might be some
other persons…” He stressed, however, that he knew it was the petitioner
who stabbed the victim but he yielded to the pleas of petitioner’s wife and
signed the affidavit because he pitied her as she was then pregnant. He
added that when he signed the document in the house of the petitioner,
Dante Reginio, was not with him.
Atty. Maribeth T. Padios, a branch Clerk of Court before whom the affidavit of
desistance was allegedly subscribed, declared that two persons who
represented themselves as Dante Reginio and Nelson Magbanua signed the
affidavit in her presence. She claimed that she did not explain the contents of
the affidavit to the affiants inasmuch as the same is no longer her duty.
On July 16, 1999, the trial court rendered a decision finding the petitioner
guilty beyond reasonable doubt of the crime of homicide. The dispositive
portion thereof reads:
In [v]iew thereof, this Court finds the accused Joel Luces guilty beyond
reasonable doubt of the offense of Homicide and in the absence of any
aggravating or mitigating circumstance to offset each other, he is hereby
sentenced to an indeterminate imprisonment of eight (8) years and one (1)
day of prision mayor as minimum to seventeen (17) years and four (4) months
of reclusion temporal as maximum.
Accused is ordered to pay the offended party the amount of P50,000.00 as
indemnity for the death of Clemente dela Gracia; nominal damages of
P10,000.00 and cost.
The bailbond posted by the accused is cancelled.
Accused is ordered remitted to the New Bilibid Prison, Muntinlupa City, within
three (3) months from the finality of this decision, unless his continued
detention in the Province of Antique is justified.
SO ORDERED.
On appeal, petitioner’s conviction for the crime of homicide was affirmed but
the penalty was modified as follows:
WHEREFORE, the Decision appealed from is AFFIRMED with the MODIFICATION
that the indeterminate penalty imposed is Eight (8) years and One (1) day of
prision mayor minimum to Thirteen (13) years Nine (9) months and Ten (10)
days of reclusion temporal as maximum. In all other respects, the Decision is
AFFIRMED.
SO ORDERED.
Dissatisfied, petitioner interposed the instant petition for review anchored on
the following assignment of errors:
I
THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT
GUILTY BEYOND REASONBLE DOUBT OF THE CRIME OF HOMICIDE.
II
THE COURT A QUO GRAVELY ERRED IN NOT GIVING WEIGHT AND
CREDENCE TO THE AFFIDAVIT OF DESISTANCE (EXHIBIT “1”).
III
THE COURT A QUO GRAVELY ERRED IN CONSIDERING THE FLIGHT OF
ACCUSED-APPELLANT AS AN INDICATION OF HIS GUILT.
IV
THE COURT A QUO GRAVELY ERRED IN NOT GIVING WEIGHT AND
CREDENCE TO ACCUSED-APPELLANT’S ALIBI.
The instant petition is anchored mainly on the veracity of the affidavit of
desistance allegedly executed by Dante Reginio and Nelson Magbanua.
Petitioner contends that the statement in the said affidavit that the person
who stabbed the victim “…was not Joel Luces but it might be some other
persons…” shows that the prosecution failed to establish beyond reasonable
doubt the identity of the culprit.
The contention is without merit. The affidavit of desistance relied upon by
petitioner as a means to exculpate himself from criminal liability was
sufficiently impeached by the testimonial evidence of the very same persons
who allegedly executed the affidavit. Dante Reginio declared that the
signature appearing above his type-written name on the affidavit of
desistance was not his, while Nelson Magbanua stated that he merely signed
the affidavit out of pity for the petitioner’s wife. As between the assailed
affidavit of desistance and the sworn testimonies of the witnesses before the
court, the latter should prevail. An affidavit of desistance obtained as an
afterthought and through intimidation or undue pressure attains no probative
value in light of the affiant’s testimony to the contrary.
Moreover, the reliance of petitioner on the testimony of Atty. Padios before
whom the affidavit of desistance was allegedly subscribed is misplaced. The
only participation of Atty. Padios was to administer the oath to the persons
who signed the affidavit. From her testimony it appears that she did not
ascertain if the persons who appeared before her and represented themselves
as the affiants were indeed Dante Reginio and Nelson Magbanua. Moreover,
she did not even explain the contents of the affidavit to determine whether
the affiants voluntarily and knowingly executed the same. Hence, her
testimony regarding the execution of the affidavit of desistance cannot
outweigh the testimony of Dante Reginio and Nelson Magbanua denying the
veracity of the said affidavit and unequivocally pointing to petitioner as the
person who stabbed the victim.
The Court of Appeals did not err in sustaining the conviction of the petitioner.
A careful review of the records shows that the positive identification of
petitioner by Dante Reginio is convincing and worthy of credence. Finding no
ill-motive that would impel said witness to testify falsely against the
petitioner, the trial court’s assessment of his credibility must be affirmed. The
settled rule is that the findings of fact of the trial court should not be disturbed
on appeal, unless some facts or circumstances of substance and value have
been overlooked which, if considered, might well affect the result of the case.
We find no cogent reason to depart from this doctrine in the case at bar.
The denial and alibi put up by petitioner cannot prosper. Such defenses are
inherently weak and cannot prevail over the positive identification of
petitioner. Moreover, San Jose, Antique where petitioner claimed to be staying
at the approximate time of the commission of the offense is only a thirty-
minute drive by a public utility vehicle from Patnongon, Antique. Thus, failing
to meet the test that there must be clear and convincing proof of physical
impossibility for the accused to be at the locus criminis at the time of the
commission of the crime, his defense of alibi cannot prosper.
Furthermore, we sustain the conclusion of the trial court that petitioner’s act
of hiding from the authorities when he learned that he was a suspect in the
killing of the victim is inconsistent with his plea of innocence. Jurisprudence
has held that the flight of an accused, in the absence of a credible
explanation, would be a circumstance from which an inference of guilt may be
established “for a truly innocent person would normally grasp the first
available opportunity to defend himself and to assert his innocence.”
Regarding the qualifying circumstance of treachery, the trial court and the
Court of Appeals correctly disregarded the attendance thereof in the instant
case. Treachery (alevosia) is present when two conditions concur, namely: (1)
that the means, methods, and forms of execution employed gave the person
attacked no opportunity to defend himself or to retaliate; and (2) that such
means, methods and forms of execution were deliberately and consciously
adopted by the accused without danger to his person. In the case at bar, the
victim was not deprived of a real chance to defend himself. Note that the
attack in the instant case was frontal and that the victim sustained a
defensive wound on his left palm. Moreover, the presence of the victim’s
companions, Dante Reginio and Nelson Magbanua, reveals that the victim was
not completely helpless. Neither was there sufficient evidence to establish
that appellant consciously adopted the mode of attack. The meeting between
the victim and the petitioner was a casual encounter. Absent evidence
showing that petitioner deliberately planned or adopted the mode of
execution of the offense, treachery cannot be appreciated.
Anent the mitigating circumstance of voluntary surrender, the Court of
Appeals erred in appreciating the same in favor of the petitioner. To benefit
an accused, the following requisites must be proven, namely: (1) the offender
has not actually been arrested; (2) the offender surrendered himself to a
person in authority; and (3) the surrender was voluntary. A surrender to be
voluntary must be spontaneous, showing the intent of the accused to submit
himself unconditionally to the authorities, either because he acknowledges his
guilt, or he wishes to save them the trouble and expense necessarily incurred
in his search and capture. Voluntary surrender presupposes repentance. In
People v. Viernes, we held that going to the police station to clear one’s name
does not show any intent to surrender unconditionally to the authorities.
In the case at bar, petitioner surrendered to the authorities in order to
disclaim responsibility for the killing of the victim. This hardly shows any
repentance or acknowledgment of the crime on the part of the petitioner.
Moreover, at the time petitioner surrendered, there was already a pending
warrant of arrest against him. His arrest by that time was imminent. Hence,
he should not be credited with the mitigating circumstance of voluntary
surrender.
Article 249 of the Revised Penal Code imposes the penalty of reclusion
temporal for homicide. Considering that there was neither mitigating nor
aggravating circumstance present in the commission of the crime, the penalty
has to be imposed in the medium period. Applying the Indeterminate
Sentence Law, accused-appellant is therefore sentenced to suffer the penalty
of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen
(14) years and eight (8) months of reclusion temporal, as maximum.
The P50,000.00 civil indemnity and P10,000.00 nominal damages awarded by
the trial court are hereby sustained being in accord with current
jurisprudence.
WHEREFORE, in view of all the foregoing, the decision of the Court of
Appeals in CA-G.R. No. 23581, finding petitioner Joel Luces guilty beyond
reasonable doubt of the crime of homicide, is AFFIRMED with the
MODIFICATION that petitioner is sentenced to suffer the indeterminate
penalty of eight (8) years and one (1) day of prision mayor, as minimum, to
fourteen (14) years and eight (8) months of reclusion temporal, as maximum.
Petitioner is further ordered to pay the heirs of the deceased Clemente dela
Gracia the amounts of P50,000.00 as civil indemnity and P10,000.00 as
nominal damages and the costs.
SO ORDERED.

SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 86454 October 18, 1990
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CARMEN LIM @ "MAMENG LIM", defendant-appellant.
The Solicitor General for plaintiff-appellee.
Herrera, Laurel, De los Reyes, Roxas & Teehankee for defendant- appellant.
GUTIERREZ, JR., J.:
This is an appeal from the decision of the Regional Trial Court of Masbate,
Branch 46, the dispositive portion of which reads:
xxx xxx xxx
WHEREFORE, judgment is hereby rendered finding the accused Carmen Lim
guilty beyond reasonable doubt of the crime charged and sentencing her to
reclusion perpetua and to pay the costs. (Rollo, p. 22)
The information filed against the accused and John Doe reads:
xxx xxx xxx
That on or about July 1, 1986, in the afternoon thereof, at Zurbito Street,
Municipality of Masbate, Province of Masbate, Philippines, within the
jurisdiction of this court, the said accused who are private persons conspired
and mutually helped each other, did then and there willfully, unlawfully and
feloniously kidnap Aida and Avelyn both minors and surnamed Villanueva;
separating them from their parental care; Aida Villanueva was detained for
about twenty (20) days in the house of Carmen Lim alias "Mameng" while
Avelyn Villanueva was detained and brought to Cebu City by the co-accused
thereby depriving the two, Aida and Avelyn of their personal liberties.
(Records, p.1)
The prosecution evidence upon which the trial court based its finding of guilt
beyond reasonable doubt is summarized as follows:
xxx xxx xxx
That in the morning of July 1, 1986, Aida Villanueva and her younger sister
Avelyn Villanueva, 10 and 7 years old, respectively, were sent on an errand by
their father Charlito (should be Charito) Villanueva to buy rice in Masbate,
Masbate. The Villanuevas lived in Mobo, a neighboring town of the capital of
the province. Upon their arrival at the poblacion of the capital town of
Masbate at around 9:00 o'clock in the morning, Aida and Avelyn went to the
pier, staying there up to 12:00 noon, to meet their mother whom they thought
would arrive by boat from Manila. They left the pier when their mother did not
arrive and went to Helen Theatre on Zurbito Street, Masbate, Masbate, to see
a picture.
At around 2:00 o'clock in the afternoon of the same day while they were in
front of the Helen Theatre, they were called by the accused Carmen Lim, in a
loud voice. "Come here Nene" and asked them to go to her house just infront
of the moviehouse. Aida and Avelyn went to the house of the accused and got
inside passing through the front door.
After a brief conversation with the two children, the accused gave Aida and
Avelyn rice and kangkong for lunch. After they had finished eating, Aida was
told by the accused to take a bath. The accused gave Aida a dress to wear.
From July 1, 1986 to July 15, 1986, Aida Villanueva was detained in the house
of the accused doing household chores such as cleaning the kitchen,
scrubbing the floor, washing the plates including removing lice from the head
of the accused and fanning her. Avelyn, the younger sister of Aida, was
brought by Carmen's mother (should be sister) in Cebu on the same day they
arrived in the house of the accused.
On July 15, 1986, Charito Villanueva, father of the two minor children, found
his daughter Aida in the house of the accused. He asked the accused to let
Aida go home with him, but the accused refused.
Charito came back to the house of the accused the following day, July 16,
1986, accompanied this time by Sgt. Antonio Ariate of the 266th PC Company
at Camp Bonny Serrano, Masbate, Masbate, who had with him an armalite.
After Identifying himself to the accused, the soldier told the accused that he
was taking Aida with him.
Without resistance but uttering slanderous remarks, the accused released
Aida to Sgt. Ariate. Charito Villanueva and his daughter Aida were brought by
Sgt. Ariate to the 266th PC Company Headquarters where the complaint of
Charito was recorded in the blotter by CIC Vincent Elliot Vasquez of the I & I
Section. (Rollo, p. 12)
The appellant's version, on the other hand, is summarized in her brief as
follows:
xxx xxx xxx
On or about 1:30 in the afternoon of I July 1986, the sisters went to Helen
Theater, located along Zurbito St., Masbate, Masbate, to look at the pictures
displayed outside. Helen Theater is located across the store and residence of
the appellant.
The sisters then proceeded to appellant's store which she was tending at that
time. Appellant noticed the sisters and caged them over. She inquired from
the sisters as to the whereabouts of their parents as they were apparently
alone. The sisters replied that their parents had separated and that their
mother had gone to Manila, and that their father was in Buenavista, Uson,
Masbate. The sisters claimed that they were driven away by their father and
that they were not given any food to eat.
Taking pity on the sisters, appellant gave the sisters food and allowed them to
take a bath. Concerned for their safety, appellant offered to shelter the
sisters. As the younger sister of appellant was at that time visiting appellant,
appellant proposed to Aida to let Avelyn accompany appellant's sister to the
latter's home. Aida agreed, on condition that she and Avelyn could meet every
week.
Aida stayed in appellant's residence for about two (2) weeks. To help in the
house, Aida would go to the market to buy bread, fish and salt for appellant's
household. Aida also helped watch over appellant's store from time to time.
On or about 9:00 a.m. of 15 July 1986, Charito Villanueva, the complainant
and father of the sisters, went to appellant's store. Charito introduced himself
to appellant as the father of the two sisters and informed appellant that he
was going to bring the sisters home. Charito talked to Aida and asked her to
go home with him. Aida, however, refused to go with her father. As a result,
Charito left. When asked by appellant why she refused to go with her father,
Aida replied that she was afraid that her father would beat her up.
On 16 July 1986, Charito returned to appellant's store, this time accompanied
by Sgt. Antonio Ariate, Jr. of the Philippine Constabulary, Sgt. Ariate introduced
himself to appellant. Charito again talked to Aida to convince her to go home
with him. This time, Aida agreed to go home with her father. (Rollo, pp. 44-46)
The appellant raises the following assignment of errors in her appeal, to wit:
I
THE TRIAL COURT ERRED IN NOT DISMISSING THE CASE AGAINST THE
APPELLANT DESPITE THE DESISTANCE OF THE COMPLAINANT
II
THE TRIAL COURT ERRED IN GIVING CREDENCE TO THE PROSECUTION
WITNESSES' TESTIMONY WHICH WERE REPLETE WITH INCONSISTENCIES AND
CONTRADICTIONS
III
THE TRIAL COURT ERRED IN CONVICTING THE APPELLANT DESPITE THE FACT
THAT AIDA VILLANUEVA WAS NOT DETAINED BY THE APPELLANT
IV
THE TRIAL COURT ERRED IN CONVICTING THE APPELLANT DESPITE THE FACT
THAT APPELLANT HAD NO MOTIVE TO DETAIN AIDA AND AVELYN VILLANUEVA
(Rollo, pp. 47-48)
The fundamental axiom underlying a criminal prosecution is that before the
accused may be convicted of any crime, his guilt must be proved beyond
reasonable doubt. Thus, if there are substantial facts which were overlooked
by the trial court but which could alter the results of the case in favor of the
accused, then such facts should be carefully taken into account by the
reviewing tribunal. (People v. Torre, G.R. No. L-44905, April 25, 1990)
In the case at bar, after a careful review of the evidence adduced by the
prosecution, we find the same to be insufficient to sustain a conviction.
The uncorroborated testimony of the alleged kidnapped victim, Aida
Villanueva, which was mainly relied upon by the trial court in convicting the
appellant, was not clear and convincing enough to overcome the
constitutional presumption of innocence.
There is no kidnapping in this case. The two minors voluntarily entered the
appellant's residence through the front entrance. The fact of detention which
is an essential element in the crime charged, was not clearly established.
There was no showing that there was actual confinement or restriction of the
person of the offended party. (See People v. Mercado, 131 SCRA 501, 506
[1984]; US v. Cabanas, 8 Phil. 64, 67 [1907]). The appellant's residence has a
store fronting the street where many customers presumably come and go. The
place is busy with a movie house in front. There is no indication that Aida was
locked up, physically restrained of her liberty or unable to communicate with
anyone.
There are other circumstances which create grave doubts in Aida's version of
her two week detention. In her testimony, Aida claimed that she attempted to
escape three times but she was not able to do so. (TSN, July 21, 1987, p. 34).
Just how she tried to escape or why she did not succeed is not explained
clearly. When Aida saw her father for the first time on July 15, 1986, she
inexplicably did not shout for help or run to him but just observed him and the
appellant talk for half an hour. (TSN, July 21, 1987, p. 23) The Solicitor General
counters the appellant's claim stating that Aida did ask for help from her
father when the latter was about to leave, but the appellant pushed her and
refused to let her go with her father. (TSN, July 21, 1987, pp. 25-26).
The actuations of both Aida and her father are highly incredible. They are not
the natural reactions of a ten-year old child who has been detained against
her will for two weeks and who has tried unsuccessfully to escape three times.
The fact that her father was already there was the perfect opportunity for Aida
to try and get away from the appellant. She could have clung to him from the
moment he came in instead of quietly observing him and the appellant talk for
some time. Aida did not go with her father because the appellant allegedly
told her not to go. For someone who had been detained against her will, as
between her father and her detainor, Aida would have disregarded the
appellant's order and would have run to her father. Neither is it believable that
a father who has been desperately looking for his two minor daughters for two
weeks would just calmly accept the appellant's refusal to let go of his
daughter.
The Court is not unaware of previous pronouncements that the testimony of a
single witness, if positive and credible, is sufficient to support a conviction.
(People v. Aldeguer, G.R. No. L-47991, April 3, 1990; People v. Salufrania, 159
SCRA 401, 415416 [1988]) But as discussed above, the testimony of Aida
Villanueva does not inspire credibility. Well-settled is the rule that evidence to
be believed, must not only proceed from the mouth of a credible witness but it
must be credible itself. No better test has yet been found to measure the
value of a witness than its conformity to the knowledge and common
experience of mankind. (People v. Maspil, G.R. No. 85177, August 20, 1990;
People v. Maribung, 149 SCRA 292, 297 [1987])
The fact of detention is also denied by the testimony of one of the prosecution
witnesses. Sgt. Ariate stated that:
xxx xxx xxx
Q You also saw Aida Villanueva?
A Yes, sir.
Q Where did you see her?
A By the door of her store ... going inside. (TSN, October 22, 1987, p.10)
It is apparent that Aida had free access going in and out of the appellant's
residence. In fact, Aida could have escaped at that particular period of time.
She was three feet away from the appellant when Sgt. Ariate saw her (TSN,
October 22, 1987, p. 10) so she could have made a run for it if she really
wanted to go.
There is also the question of Sgt. Ariate's conflicting statements as to the
answer of Aida's father about his missing daughters which was dismissed by
the trial court as a minor inconsistency. In his testimony, he stated that Aida's
father said that he just sent his two daughters on an errand and they were
already missing (TSN, October 22, 1987, p. 9) while in his answer to the
questions propounded to him he stated that Aida's father admitted that his
daughter ran away. (Records, p. 15)
Such conflicting statements taken together with the statement of Charito
Villanueva, the father of the victim that "Aida Villanueva and Avelyn
Villanueva, 10 and 6 yrs. old were (sic) left their house without his consent,"
(Records, p. 126) recorded in the blotter dated July 23, 1986 cast doubt on the
criminal liability of the appellant. The answer of Sgt. Ariate to the questions
propounded to him and the statement in the blotter corroborate the
appellant's testimony that the two children ran away from home. (TSN, April
22, 1988, pp. 4-5)
The unbelievable and conflicting evidence of the prosecution strengthens the
version of the appellant that she took pity on the two runaway children and
decided to give them food and shelter. Whether or not she treated them like
unpaid servants is not in issue. What is apparent from the records is the
absence of proof showing kidnapping and serious illegal detention.
Another circumstance that belies the kidnapping charge is the unexplained
delay in the lodging of the complaint against the appellant. An entire week
passed before the complaint was lodged on July 23, 1986. (See People v.
Antonio, 161 SCRA 72, 81 [1988])
The fourth circumstance present which calls for the reversal of the conviction
is that there is no motive whatsoever for the appellant to kidnap the two
children. The appellant is a woman of sufficient means. It is undisputed that
she is the owner of a store and was the employer of two maids at the time of
the incident. She did not know the two children prior to the incident. Had she
wanted to hire an additional maid, she could certainly afford to hire another
one without going to the extent of committing a crime as serious as
kidnapping. There was no need to kidnap a minor and force her to work
against her will. The appellant had everything to lose and nothing to gain if it
is true that she kidnapped the two children. No motive was ever propounded
by the prosecution. We are thus ushered to applying the precept that though
proof of motive is not indispensable to conviction, yet a void in the evidence in
this respect discloses a weakness in the case for the prosecution. (People v.
Modesto, 25 SCRA 36, 46 [1968] It has also been held in People v. Zamora, 59
Phil. 568, 569, [1934]):
xxx xxx xxx
In the case at bar, no motive for the killing has been established, and granting
that proof of particular motive for taking the life of a human being is not
indispensable to conviction for homicide, the absence of such motive is
nevertheless important in determining which of two conflicting theories is
more likely to be true. (Emphasis supplied)
And finally, the execution of the affidavit of desistance by Charito Villanueva,
complainant in the kidnapping case, stating that his daughters were not
detained after all by the appellant taken together with the circumstances
abovementioned has the effect of exculpating the appellant from the charge
of kidnapping. As held in Gomez v. Intermediate Appellate Court (135 SCRA
620, 630 [1985]):
xxx xxx xxx
It is conceded that the State has the sovereign right to prosecute criminal
offenses under the full control of the fiscal and that the dismissal of criminal
cases by the execution of an affidavit of desistance by the complainant is not
looked upon with favor. However, it is also true that an affidavit of desistance
may create serious doubts as to the liability of the accused. At the very least,
it calls for a second hard look at the records of the case and the basis for the
judgment of conviction. Jurisprudence on the effect of desistance
notwithstanding, the affidavit should not be peremptorily dismissed as a
useless scrap of paper. (Emphasis supplied)
The instant case falls under the exception where an affidavit of desistance is
given due consideration. Significantly, the father of the two girls testified in
open court on November 24, 1987 that he was withdrawing the case and that
his children were not detained. The prosecution had every opportunity to
cross-examine or tear apart the retraction and prove that the facts were as
earlier alleged. It failed to do so.
The Solicitor General quotes the trial court's statement that:
xxx xxx xxx
If the accused thought that the evidence of the prosecution was fabricated or
false, the accused could have presented her two maids as witnesses to testify
to rebut said evidence. Her failure to introduce them as witnesses could only
mean that the testimonies of the prosecution witnesses about the detention of
Aida in her house were all true. (Rollo, p. 21)
It is a well-entrenched rule in our jurisprudence that the prosecution must rely
on the strength of its evidence rather than on the weakness of the defense.
(People v. de Dios, G.R. No. 58174, July 6, 1990; People v. Domingo, 165 SCRA
620, 626 [1988]) In this case, the prosecution has failed to prove the guilt of
the appellant beyond reasonable doubt.
WHEREFORE, the judgment of the trial court is hereby REVERSED and SET
ASIDE and appellant Carmen Lim is ACQUITTED of the crime charged for
failure to prove her guilt beyond reasonable doubt.
SO ORDERED.
Fernan, C.J. (Chairman), Bidin and Cortes, JJ., concur.
Feliciano, J., is on leave.